Solution: Pay the miners, reject non upgraded blocks

Miners are paid security, not network owners.

Any can spend is only applicable for nodes that don't use the segwit code, but then we've correctly identified the "problem" and the ultimate decision makers. Users. Users who run nodes.

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Discussion

Can miners control any can spend coins?

Depends on what node you're running. If they tried, they'd hard fork off for sure, but a non segwit node would allow it. A segwit node would not. Most people run segwit nodes. Segwit nodes are consensus. In particular, segwit nodes are social consensus.

So, segwit is Bitcoin. That's how social constructs work.

Yes, but if you own Bitcoin in a 1 address you don't care either way.

And social consensus would be tested and i guess we would see which fork ends up being Bitcoin.

But if over 50% of miners supported legacy Bitcoin that would make it interesting.

Most nodes are segwit, but more coins are held in a 1 address.

The 1 addresses have to pay the miners to keep pace and maintain a higher hash rate, typically via transaction fees. We've gone through this before though. That chain ended up becoming a shitcoin.