The problem is that here you are not just distributing what is possibly a derived work (the kernel modules themselves), like what NV was doing. Here you are dis

The problem is that here you are not just distributing what is possibly a derived work (the kernel modules themselves), like what NV was doing. Here you are distributing a single enduser product which contains both the actual GPL work itself (the kernel) AND the kernel modules combined in a way that's essential for the product itself (i.e. it's not "mere aggregation"). That's a much more fragile position, and I rather doubt that whether the modules are a "derived work" or not plays a role, since if anything you are violating the kernel license/distribution terms themselves.