I agree with the arbiters.
It's quite simple for over the board play. The FIDE Laws define DP in terms of legal moves, which themselves are defined very clearly. There is no term for playable or unplayable moves after the action of DP/75M/5Rep rules. Why would there be? From a FIDE perspective the game is over.
Clearly, one cannot refer to "legal and playable"/"legal but unplayable" moves simply as "legal"/"illegal", or the definition has become circular. Of course one can use the terms "legal"/"illegal" casually in this altered sense, but when it comes to working out the exact rules, we must be precise.
Since DP is defined in this way, it has no visibility over 5Rep or 75M.
Now what effect do we want to see? Although it might seem desirable to truncate overlong games by having DP see 75M, I suspect that the amount of hypothetical reasoning and argy-bargy required late at night would take more time than just playing out the moves.
FIDE and others constantly mortifying themselves about such things is indescribably anal. No offence to present participants of course.
The interesting point is that FIDE rulings related to dead positions are much more relevant to the domain of composition because:
I predict a war.