This just seems to be a poorly researched knee-jerk article written based on a single off-hand tweet from 2 weeks ago, citing a clause that has been around for years, and thus obviously is not in response to something talked about 3 weeks ago. As an example, the license here has the exact phrase, on a file last changed 2 years ago: https://github.com/NVIDIA/spark-rapids-container/blob/dev/NO... The EULA here, listed…
I think you're focused too much on when this clause was added. Most of us are not so concerned with the chronology.
"Nvidia bans using translation layers for CUDA software to run on other chips — new restriction apparently targets some Chinese GPU makers and ZLUDA"
The time the clause was added also matters, because if it's ~3 years old and since then various translation layers backed by other large competitors have been released without any open lawsuit, it's a lot less concerning than if the clause were added right now, as, at least to me, it suggests that they're not talking about simply copying the API based on documentation and known quirks, but reverse engineering how the internals function for the purposes of a translation layer (eg same thing as MS banning reverse engineering of Windows for the purpose of adding the functionality to Wine, but tolerating clean room reimplementations).