You are the only person correctly noting that the 2018 attempted policy change was struck down and that the old policy, i.e. that people admitted D/S do not begin to accrue ULP until a determination of that is made by an IJ or USCIS official, is still in force. A SEVIS termination is done by the university's Responsible Officer, not a USCIS official, and so it currently doesn't count. If you ask me, this is all very ridiculous, but it's how the law currently works. It's also not very well known, and plenty of consular officers make this error all the time, but there is basically no legal recourse for an NIV denial, so no one really cares. All that said, OP was almost certainly (and deservedly) also refused 214(b), which is unwaivable, and even if he hadn't gotten the formal ten year ban, it's highly unlikely that he would have gotten another NIV for many years due to his egregious misuse.
If OP does (legitimately) marry a US citizen or LPR, he can present evidence at his IV interview that the 9B2 finding was made in error. There is more time allotted for IV interviews, and the officer, if they aren't familiar with the rule, will likely request an opinion from the State Department's Legal Office, which will come back that the finding was made in error (unless the regulations are changed retroactively by then, which is unlikely).
If OP's LPR parents are petitioning him, there's really no reason to argue about it as the incorrectly applied bar will have expired by then anyway--F2A hasn't moved from a PD of April 2015 in more than a year, so it's looking like at least a ten year wait for a new PD to become current.