[monocasa]

It's way more grey than that. Nvidia claims that their driver doesn't need to be opened because since it's A) from a codebase that existed prior to the Linux port, and B) doesn't actually import any Linux code or symbols (that's left to a dual licensed shim layer), that in a legal sense their driver isn't 'derived from' the Linux kernel and isn't subject to the viral parts of the GPL. And, all of this is the greyest of grey area. Towards that end, Nvidia has been committing to Nouveau lately for Tegra chips because I think they realize how precarious their legal situation is for chips essientially designed to run Linux.

That reasoning doesn't apply to most kernel drivers, and those vendors are just openly in conflict with the GPL.