Nope. You're still enshrining post facto control mechanisms by which the manufacturer controls what you do with the hardware after you recieve it.
Why is it so hard for businesses to just sell things? Why must they encroach? I'm not even a miner, but I'm not inviting anyone into my system to make a judgement call on whether my use of something I paid for is consistent with what they want. They sold it. They should not only have to part with the drivers, but with any semblance of software enforced binning too.
Because the “gamer” customers will still be there after Bitcoin crashes and it makes sense to not piss your long term customers off to please the short term ones.
At least that’s the argument. We’ll see how it plays out.