Laws can say you cannot sell any more X unless it complies with Y. That's not a retroactive law.
I don't think you've read my reply correctly. If a law were to come out that said "you can't sell any more X unless it complies with Y" we would still have billions of devices that don't comply with Y. So even if a law about open hardware/firmware were to pass in the next few years, we would still need a huge reverse engineering effort to open up all the older devices. Unless you want to argue that, yes, we should forget about those older devices and all jump on the new compliant platform, I think pushing hard for good reverse engineers is a very implortant priority
Arguably, refusing to publish literally every single document pertaining to proprietary hardware is not on the same level of obivous malpractice as a genocide, so I think you could have proposed a milder example to argue your point.