&gt; I then stated that IF<p>I kept that &quot;if&quot; in my wording.  I disagree with the line of logic.  No matter what you think of the premise.<p>&gt; (since anyone who wanted non-compliance would just binary kernel module everything)<p>Even if binary modules made you immune to the GPL, there are a lot of things the GPL would still do.  It would not be toothless.  On top of that, the issue here is binary modules <i>that questionably derive from open source code</i>.  If you make a binary module that unambiguously derives from open source code, that would still be an easy question for the courts.  That&#x27;s why this is an edge case that remains an edge case, even in an alternate reality where the courts literally cannot decide on zfs.ko or nvidia.ko