The kernel and binary firmware

The kernel and binary firmware

Given the recent 2.6 kernel ability to piggyback cpio-files in the bzImage
(initramfs), I find this interesting. The piggybacking mechanism is a
quick and dirty way of "append" in initrd-image into the bzImage so that
one can get a working initrd without relying for the boot loader to know
how to load initrd-files.

If, indeed, the whole bzImage file to be thought as derivate work of the
kernel, that would mean that also the contents of this piggybacked cpio
file would fall under the GPL. Note that the initrd might easily contain
software which is not "part of the kernel" or even know/care what kind of
UNIX-like kernel it runs on (unless you distribute kernel modules with it,
but even then you'd not be restricted by GPL per se).

Does anyone have a clear picture on this issue and the rationale on why
exactly the whole bzImage file should be considered under GPL, or just the
kernel part (in this case)?

If this is indeed the case, how would this be different from the
bootloader loading the non-GPLed initrd-file and patching system memory
with it before starting the kernel (which is what is normally done)?