They need to go ahead with the ban. The only thing that's ever made the giants in the sandbox ever stop and go "wait a sec..." was MAD.
This is wishful thinking at the least. You're assuming this will make the giants come to the same conclusion as you and react in the way you would. However, if they followed that logic, this wouldn't be happening in the first place. Patterns of behavior indicate that the giants will instead react by putting even more resources into litigation and acquiring patents. Also, this isn't MAD. The legal industry would profit from this without the risk of being whipped out in the crossfire. In contrast, in a real MAD situation, the third party profiteers such as defense manufacturers are wiped out as well.