The developers designed their games with this much tessellation, they should be the one who retain the final say of how their code is processed. You open a can of worms if you allow IHVs to play around games code in this frank and preposterous way.
The can of worms was opened long time ago. As a long time graphics programmer (since DX5) have seen drivers doing much worse things than clamping tessellation level...
Forced MSAA: Breaked first deferred shading implementations (we had DX9 deferred renderer in 2007). The driver forced MSAA to g-buffers and resolved g-buffers (blend values like colors). That doesn't make any sense.
Forced anisotropic filtering: Can break filtering in special cases such as texture atlases (our old terrain renderer, custom virtual texturing). Developer tested with the filtering mode they programmed, but the driver forced anisotropic and seams appeared.
Forced post AA: Seen bug reports of standard windows program's text looking blurry. WPF for example renders with DirectX. User had enabled post AA from driver settings, but that also affected other DirectX programs, not only games.
Forced "disable negative mip bias": Negative mip bias is important for temporal AA, as it mimics supersampling (over multiple frames). Checkerboard rendering has similar needs. If negative mip bias is disabled from driver, these techniques result in blurry textures.
Optimized render target format: Change RGBA16f to R11G11B10f. Breaks if you encode data to floating point sign bit. Breaks if you use alpha channel for anything.
The ugliest thing is that IHV drivers do these changes completely behind the developers back. If you query DirectX API to confirm you render target format, MSAA/aniso mode, etc, the API lies to you. It tells you that everything is like you expect, but the driver has silently changed things behind your back and there's absolutely nothing you can do to detect the situation and program a fix. Customers will obviously blame you and not NVIDIA/AMD. You just need to wait for the IHVs to add custom profile to your game. Look luck with that if you are a small indie developer.
Addition: This technique calculates bezier curves using the GPU filtering hardware. Imagine using a technique like this, and IHV driver forces optimized texture filtering...
http://blog.demofox.org/wp-content/uploads/2016/02/GPUBezier2016.pdf