You've got a good point. But i would expect Overstock's CEO to be a lot more clever
Him, yes - I agree. What's unfortunate is that while he is a champion for Bitcoin (and crypto-currencies in general), he can only do so much to help. What's unfortunate is that he has the millions upon millions to force their hand. No bank is going to walk away from his operation.
But all the startups, the little guys, all the mom and pop joints that are the grass-roots of what bitcoin has started, will find it beyond difficult to maintain a relationship when their financial institutions say "It has come to our attention that your business entity now accepts bitcoin as a method of payment. In light of recent events regarding litigation of financial establishments who have been associated (even distantly or reluctantly) with bitcoin related businesses, we can no longer continue our relationship with you or your business. We will require the immediate liquidation and closure of your account. This will also restrict your ability to accept other 'standard' means of established currency such as credit/debit cards. We apologize for this inconvenience, and hate lose you as a customer, but the risk of financial loss due to litigation alone, let alone volatility of crypto-currency in general leaves us no choice."
Additionally, having your account forcibly close by your financial institution for whatever reason only makes it that much harder to re-establish new accounts with other institutions. Just like there is a black book for crooked gamblers or criminals in the state of Nevada, US (the infamous black book banning individuals from casinos, etc) - banks and creditors have their own black books. You get an account closed because they can't risk bitcoin associated lawsuits, and you can bet your ass you'll end up in that black book and unable to get accounts somewhere else...
I hope I'm wrong, but history creates precedent.