How are they going to force miners to update to the newest driver? Without such mechanism, this isn't really a solution. Also, miners could just try to create their own drivers in the future. And the worst, if their algorithms would detect false-positives during gaming, it could create very annoying frame drops that would ruin the experience for people who just bought a top GPU for games.

IMO Nvidia should create ASICS based on their GPU technology that will far outperform their GPU in mining, to solve the problem once and for all. Releasing dedicated mining GPU is not enough, miners actually seek gaming GPUs because they have higher resale value once the bull run is over.