I see no problem with either side, Nvida or the hardware hacker.

As someone who spent nearly a decade in the semiconductor industry, testing wafers and packaged die, the economics of binning and market segment are understandable. As a electronics and RF geek, I've done plenty of mods and customization that voiding plenty of warranties.

The only issue would be if a third party did this mod in volume and repackaged the card as something it was not originally.