AdelaideSimone
Many states have codified tort laws as being in the interest of public policy (e.g. most consumer protection acts). If this person were to sue under such a statute, it allows courts discretion in nullifying clauses like this arbitration clause.
In all likelihood, you would not receive the source code in the U.S., though. If deadset against release, the outcome would likely be that the offender would be fined and injoined from any further distribution.
You're also equivocating. They made it extremely clear they are referring to hobbyist and other such groups with vague or unknown qualifications; whereas, you go in and make stipulated claims about small businesses with certified mechanics, etc. These two are clearly not the same category, making your argument non-responsive. It's also contradictory in terms of discussed liabilities and such, as the small company, and its mechanics, that whoever worked with, would have liability as well, as opposed to the "random git repo".
Anyway, while what you said is theoretically half-true, a fairly large number of libraries are not designed/encapsulated well. This means almost all of their symbols are exported dynamically, so, the idea that there are only "few public exported symbols" is unfortunately false.
However, something almost no one ever mentions is that ELF was actually designed to allow dynamic libraries to be fairly performant. It isn't something I would recommend, as it breaks many assumptions on Unices, (while you don't get the benefits of LTO) you can achieve code generation almost equivalent to static linking by using something like "-fno-semantic-interposition -Wl,-Bsymbolic,-z,now". MaskRay has a good explanation on it: https://maskray.me/blog/2021-05-16-elf-interposition-and-bsy...
What you're suggesting is, as someone else said, non-sensical. Phrased without invincible ignorance, it's equivalent to saying, "Android prevents you from creating a new OS kernel to supplant its own control over hardware access," which is true of basically any OS. How helpful or secure would it be if you could make 0 guarantees about how your hardware is used?
You can do direct hardware access through drivers that are integrated/interfaced with the kernel somehow, but this still is not an entirely arbitrary access, and is still going through the kernel in a way.