Then a court will order that you don't encrypt. And probably go after you for trying to undermine the intent of previous court order. Or what, you thought you found an obvious loophole in the entire legal system?
Yes. Because once you have remote attestation, anyone can host these enclaves in any country, and charge some tiny fee for their gpu time.
Decentralize hosting and encryption then centralized developers of the open source software will be literally unable to comply.
This well proven strategy would however only be possible if anything about OpenAI was actually open.