I just added a new warning notice for potential visitors from the E.U. It should meet their requirements, but if not, I really do not care. Ok google, do your job: www.skullport.net
I think there's a whole lot of misunderstanding on how the EU operates. As far as I know, but I am not a lawyer, if your content reaches an EU member state you must comply with these laws. The same way US companies are required to follow EU MOSS, for example.
I think they are treating a digital presence exactly the way they would treat a physical presence. So if you sell downloads to the EU, it's as if you exported a physical object, and so they tax it just as they would if you cross the border with a truck full of [insert name of some item that is still made in the USA]s
I don't think someone would arrive at customs and refuse to pay the duty because they don't like their tax system. I believe the digital VAT scheme was introduced to hit the large corporations (Amazon maybe) but the rule is a blanket rule and of course penalises the small businesses like someone running a forum. We either choose to stay under the radar (because they are unlikely to be able to enforce the law) or we comply.