User-does-the-link does not change whether the blob is derivative work or not. No, but things are significantly more straightforward if the combination Linux-k

User-does-the-link does not change whether the blob is derivative work or not. No, but things are significantly more straightforward if the combination Linux-kernel-plus-nVidia-module is distributed; this combination is clearly a derivative of both the Linux kernel and the nVidia module that make it up. There is far more room for argument if the module is distributed on its own.