Luke -Jr wrote:
http://www.fsf.org/licensing/licenses/gpl-faq.html#MereAggregation
"If modules are designed to run linked together in a shared address space, that almost surely means combining them into one program."
Dude, seriously, read the license yourself. It is obvious that you are relying on interpretations, which is the absolute worst thing you can do in the case of copyright and licensing. The very same section that you quote in that FAQ states:
"What constitutes combining two parts into one program? This is a legal question, which ultimately judges will decide. We believe that..."
Please, take the time to read at least sections 0 and 2 of the GPL, version 2. These sections clearly define what conditions must be met.
However, the current state of nVidia/ATi's drivers is not legal.
I have not looked at the nVidia/ATI installers closely enough to determine if this is absolutely true or false. As I recall, both installers require the kernel headers to already be installed on your system, implying that no kernel code is included in the material distributed by nVidia/ATI. The GPL *explicitly* states that "Activities other than copying, distribution and modification are not covered by this License; they are outside its scope" (GPL v2, section 0). This means that running, compiling, linking, and interfacing are all outside the scope of the GPL. This means you need to find some other legal mechanism to base your claims on.
If you honestly believe nVidia/ATI are violating either the legal requirements or moral attitude of the GPL, then why don't you file a lawsuit and see if the FSF, OSDL, or any other respected OSS community organizations come to side with you. Of course, you need to own some aspect of the Intellectual Property contained in the Linux kernel before you can even file suit.
~Bradley