> I think it's odd that you describe a failing of 14 CFR 25.173-- the stability airworthiness requirement-- as not being "fundamentally aerodynamically unstable."
One should look at the actual requirement, not just the title, and for convenience, I have copied it below. As you can see, the issue in this requirement is not one of fundamental aerodynamic stability; this is a handling characterisics issue (and also, 14 CFR 25.175, which does require static lonitudinal stability, also requires more than that (a "stable slope" of the stick force curve in several different cases), and so can be failed by an airplane that is nevertheless statically longitudinally stable.)
14 CFR 25.173:
Under the conditions specified in §25.175, the characteristics of the elevator control forces (including friction) must be as follows:
(a) A pull must be required to obtain and maintain speeds below the specified trim speed, and a push must be required to obtain and maintain speeds above the specified trim speed. This must be shown at any speed that can be obtained except speeds higher than the landing gear or wing flap operating limit speeds or VFC/MFC, whichever is appropriate, or lower than the minimum speed for steady unstalled flight.
(b) The airspeed must return to within 10 percent of the original trim speed for the climb, approach, and landing
conditions specified in §25.175 (a), (c), and (d), and must return to within 7.5 percent of the original trim speed for the cruising condition specified in §25.175(b), when the control force is slowly released from any speed within the range specified in paragraph (a) of this section.
(c) The average gradient of the stable slope of the stick force versus speed curve may not be less than 1 pound for
each 6 knots.
(d) Within the free return speed range specified in paragraph (b) of this section, it is permissible for the airplane, without control forces, to stabilize on speeds above or below the desired trim speeds if exceptional attention on the part of the pilot is not required to return to and maintain the desired trim speed and altitude.