Until all miners update (firmware or hardware), the change encourages
large difference in mining efficiency. And IMO it gives another
advantage to large mining operations in general.
You make a strong assumption that the new optimization is not
compatible with overt ASICBoost. If it is compatible, ASICBoost
doesn't help you with "defending against" the new optimization at all.
And it can be the case that the new optimization is based on ASICBoost
so you can make the situation "worse" by allowing it.
> Certainly, if only one company made use of the extra nonce space, they would have an advantage.
Can you explain why the reality should be significantly different? In
sufficiently near future.
We don't have to deal with any such theoretical situation now. You
proposal goes in opposite direction, by adding support for patented
algorithm. I don't know myself what the possible legal implications
are (maybe only for a subset of miners) so I consider it as an
unnecessary risk. At least before some conclusive legal analysis says
differently.