some are reporting that this happens before syscon kicks in. If true then sony can't do anything to it.
What you are saying is that Sony can´t update the boot-part of the PS3 firmware. I find that highly unlikely. That would be a monumentally stupid design.
If I was Sony I would not hurry to get a fix out for this problem. I would carefully design a patch with a time delay so that first everyone would think that the new firmware was compatible with the Jailbreak. But at a certain date or after a fixed number of days after the firmware installation the patched firmware would detect the installed mod software, disable it and fix the boot software to disable boot from the modded USB-stick.