I'm surprised some of these non-compliant pools have not been outed yet. What about getting their IP addresses?
Evan, the main Dev, does not want to be a "dictator" and force (ban) them. That is as simple as flipping the "spork" button on. We're giving them a chance of being part of Darkcoin in spirit, rather that in "shit-coin-get-rich-quick" enforcement.
I don't think you'll ever get a large chunk of those pools to update. Why should they? Their options at this point are to lose 20% profit for themselves and their miners, or keep as-is and have a few hours of downtime/wasted mining when the switch is finally flipped. If they get some notice of the exact RC4 release time then they don't even have that penalty because they can literally wait until the last minute to update.
I say just give it enough time where nobody responsible enough to run a pool can use the "I didn't know there was an update" excuse, then flip the switch. If it were up to me that time is about now.