Actually the court did not decide that. They disagreed that vmkernel is a driver, they did not rule that GPLv2 software can be combined with incompatible licen

Actually the court did not decide that. They disagreed that vmkernel is a driver, they did not rule that GPLv2 software can be combined with incompatible licenses. The source code for vmklinux, The actual kernel module, is released by VMWare for this exact reason.