The short answer is personally, I suspect DC wouldn't be worried enough to get us a TOSing.
But at which point do you draw the line? Since the rights are held, effectively we as a community would need to stand up and state "we are okay with breaking rights laws in this case". If we state that, we either take an activist approach, which we will lose (if only because IJ would pull the community) or we attempt to work universally to try and act along the spirit of the law and hopefully ensure the community has longevity by minimizing the chances of a rights holder taking offense.
It's something that's been discussed for weeks and before this post went up discussing it pretty much became a full-time job for all the mods. It's not been an easy decision. But simply it's hard to predict what rights holders would be okay with. The third of a story ruling is there to try and minimize the chances of someone like Marvel taking offense at, say, a complete Spider-girl story being posted from an issue of Spider-man Family and claiming that Spider-girl readers won't pick up the issue because they can read it in its entirety here. The same with the Creepy stuff, which is now being reprinted. Old Silver Age comics might seem innocuous, but the rights are still held by DC.
What making exceptions has shown is that as soon as we unofficially make exceptions to what can and can't be posted in full, posters, understandably, have got confused. Someone sees one story posted in its entirety and so posts another, perhaps something more recent, which we're then forced to kill. When everyone's singing from different hymn sheets it's not only unfair to certain posters, but also sets us up for another TOSing.
My view is that the community's for spreading enthusiasm for comics, discussing comics, hitting a demographic that's not normally hit and, frankly, slashing the hell out of everything. And while I'd love to see an environment where we could publish entire, obscure comics legally, this isn't it.