Bitmain has been doing this for years and yet people keep running back to them. People received "new" S3s that had thick coats of dust on the fan blade edges and on the intake side of their miners back in the day and so many Bitmain devotees defended them.
Of course they're not the only ones. BFL (the kings of corrupt crypto ASIC manufacturers) was proven to be mining with their customer hardware in court and yet nobody got jailtime. Bitmain has no fear of reprisal.