They weren't erroneously flagging anything. The driver wasn't so much a driver as much as a locally hosted man in the middle attack. It wasn't necessary for the functioning of the graphics card it was literally intercepting commands and altering them, which is exactly what cheating software does.

The only way they could have patched the software to not flag it would have been if AMD had told them in advance of what they were doing. Which I have no idea why they didn't do because it was blatantly obvious this exact issue was going to happen.