Can someone explain the circumstances around nvidia.ko and why that has been allowed?
If you are being most charitable, you could consider this like NDISWrapper which doesn't make the driver used become part of the kernel from a license point of view. The least charitable is that Nvidia are circumventing / violating the kernel GPL by their stunt.
Ultimately it would likely take some lawyers, time and money to get a strong decision, which no one seems willing to do, yet.