If they want companies to follow "the spirit of the law", then maybe. Just maybe. They should setup these sanctions so that it's actually clear what they want. They restrict performance classes, but actually want to restrict capabilities. Then how about you actually restrict capabilities, ffs...
As other here already said, all they do is uselessly move the goalposts instead of settings things up the way they actually want them to be. That's not just confusing, but utterly pointless and, in all honesty, also not exactly fair to the companies and especially the people who have to do the work. What Nvidia is doing is also not 'skirting' anything. They got a framework to follow. They follow the framework. If the result is not your intention, build a better framework, but don't blame the people trying to follow your framework. End of the story.