The relevant question isn't whether a kernel module is a derived work of the kernel (which is what Linus is discussing there). It's whether someone who distrib

The relevant question isn't whether a kernel module is a derived work of the kernel (which is what Linus is discussing there). It's whether someone who distributes the kernel module and the kernel together is obliged to distribute the module under GPL terms as described in the "part of a whole" paragraph: « If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. » (It seems pretty clear to me that the answer is "yes".)