The problem with your argument is everyone's only telling you exactly what your own link also says; the licence only applies if someone needs your permission anyway. If they don't need permission the licence doesn't matter. You don't need to be a lawyer, you only need to be literate.
If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license.
And all that's still ignoring the fact you're putting a higher bar to refute the claim than to make it in the first place which is nonsense; anything which can be asserted without evidence can be dismissed without evidence.