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this post was submitted on 19 Jun 2024
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Kernel modules don't have to be open source provided they follow certain rules like not using gpl only symbols. This is the same reason you can use an NVIDIA driver.
Its not enforced so much by law as what the fsf and Linux foundation can prove and are willing to pursue; going after a company that size is expensive, especially when they're a Linux foundation partner. A lot of major Linux foundation partners are actively breaking the GPL.