The whole reason this is even an issue is the ambiguity of the license on the subject of dynamic linking and what precisely constitutes a derived work. Of cours

The whole reason this is even an issue is the ambiguity of the license on the subject of dynamic linking and what precisely constitutes a derived work. Of course, if Linus wanted proprietary kernel extensions, he should have picked LGPL, but the issue arose long after the license was originally picked (and there being any possibility of changing/clarifying it). Also, no "or any higher version" clause, so the only way this is ever going to be resolved one way or another is in court. FWIW, my impression is GPLv3 wouldn't have helped here either.