Let's not get distracted here with irrelevant details.

Even IF Bitmain was using ASICboost, (no evidence they are)
and even IF that was illegal (its not since they hold the Chinese patent),
so what?
  
Point is, they support segwit (if done with big block) , and also extension
blocks.  (neither is compatible with asicboost btw). 
Core won't support anything but their roadmap.   So, which party is
unilaterally preventing a scaling solution...honestly?