If you can predict the outcome of the empirical test with that degree of confidence or a higher one, then they're perfectly compatible. We're talking what's physically possible with any plan of action and physically possible capabilities, not merely what can be done with today's tech. The negative you're pushing is actually a very very strong nonexistence statement.
Scott Aaronson has a new 85 page essay up, titled "The Ghost in the Quantum Turing Machine". (Abstract here.) In Section 2.11 (Singulatarianism) he explicitly mentions Eliezer as an influence. But that's just a starting point, and he then moves in a direction that's very far from any kind of LW consensus. Among other things, he suggests that a crucial qualitative difference between a person and a digital upload is that the laws of physics prohibit making perfect copies of a person. Personally, I find the arguments completely unconvincing, but Aaronson is always thought-provoking and fun to read, and this is a good excuse to read about things like (I quote the abstract) "the No-Cloning Theorem, the measurement problem, decoherence, chaos, the arrow of time, the holographic principle, Newcomb's paradox, Boltzmann brains, algorithmic information theory, and the Common Prior Assumption". This is not just a shopping list of buzzwords, these are all important components of the author's main argument. It unfortunately still seems weak to me, but the time spent reading it is not wasted at all.