If you can run the hardware manufacturing off the books, I don't see how access to the driver source code would help. You would just ship the official binaries.
Which continues to moot the relevant point: Nvidia are withholding necessary software specs which not only aren't useful in reengineering their hardware, but which fail to protect against fully independent attacks (ghost shift manufacture) which at least allow duplication of current physical product if not producing a superior hardware product.
