1) The GPU probably already comes with a driver CD that can't have this serial number marked as stolen.
2) Even if you use a downloaded driver, you can just use the last version that didn't contain the serial.
You'll be left out of future driver updates, but that is of no concern to miners.
Even if its changed hands, its still illegal to purchase stolen property and the police will just take it from you without compensating you.
I also really don't see activation lock as consumer rights taking a loss, thieves aren't consumers. Being able to brick hardware that thieves steal is a consumer protection. If EVGA started to block resale, that would be a completely different story, but I was happy to activation lock my stolen iPhone. Apple lets you resell, but if you steal a truck load of iPhones I doubt they would activate.
No, its the company compelling me to protect it's property at my expense using my CPU and my Internet connection without compensation or due process.