The Filter acts on the entire video output not individual effects, that's part of why it causes such a framerate hit. It is ridiculous to imagine that they would make the filter optional and then start disabling effects, since that would completely defeat the purpose of making the filter optional in the first place.
It would be a much more efficient use of their time to simply leave the filter as is, and assume everyone without epilepsy will simply disable it(once it is optional.) They can then completely forget about epilepsy after that and concentrate on other game improvements. If Ubi has agreed that this is sufficient to avoid litigation then I am certain this will be the last we hear of it.
Of course I realize that this is great for everybody except the few players who actually have epilepsy, but well at least they can still play the game. I am sure there will be many further optimizations that make better even with the filter on.
Let me repeat/tldr: The idea that they would spend time and money making their game less visually impressive in order to solve a problem that has already been solved is patently ridiculous.
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