Except datacenter is not defined by NVIDIA in their EULA at all, and plenty of large and small datacenters continue to use "consumer cards" regardless of NVIDIA's fear mongering. I know that Tesla, OpenAI, Microsoft, Apple, and many others all continue to primarily buy primarily 2080Ti's, RTX Titans, and Titan V's since the EULA change.

How is that even legal and how nvidia gets away with that type of shit?

Companies make unenforceable claims all the time. That's why we've got courts. Theyr'e almost certainly never going to take any one to court, because if they did, it would get tossed out. They can't pull the same "it's a license to a product" bs media services do. Though they still try with the driver. I think for now, they've just run the numbers and figured out it gives them slightly higher datacenter card sales.