They could flag the account and they could cut them off (its in their terms of service they can cut you off for any reason, and have done so to people in the past) but they don't. Given recent updates in their search ranking [3] they clearly can "identify" sites where this check would be implemented, but they choose not to. I speculate they don't for the same reason Apple doesn't look too hard or deeply at the working conditions at FoxConn, willfull blindness is a wonderful thing.
[1] I run operations at http://blekko.com
[2] http://blekko.com/ws/http:%2F%2Ftheoatmeal.com%2F+/domaindup...
[3] http://jeffmills.com/2011/01/29/duplicate-content-is-now-a-p...
Just kidding, Blekko is great, althought I'm more of a DDG and Google user.
http://searchengineland.com/your-sites-traffic-has-plummeted...
This seems to be about exactly this problem.