My gut says that Bitmain pretty much is and will continue to take the position "oh yea? make me".
I think the reality of any legal recourse in compliance is next to none... considering their geographic location.
Just my two satoshis.
Strato
Its actually not as hard as one would assume to take action against Chinese companies that sell to western countries.
Even if they can't be touched directly their resellers, distributors and subsidiaries are all liable for copyright infringement if they don't release the source code.