Err, that's some pretty good nonsense you're spouting there.
Legal stuff isn't black and white. Intent matters. EXPORT_SYMBOL_GPL is a declaration of
intent stating that whoever uses that symbol will be assumed to be making a derived work of
the linux kernel.
Claiming your work is GPL (by putting a MODULE_LICENCE() statement in) when it clearly isn't
is bound to get you hip deep in the muck in the courtroom if there were to be a GPL
infringement case against you. You just deliberately ignored a statement that certain symbols
were only available to GPL modules, so any infringement was willful making you liable for
triple damages. You just either a) fraudulently claimed your module was GPL or b) fraudulently
claimed it was not when it clearly is licensed GPL according to your own code!
Of course IANAL - but I've read enough groklaw to understand that courts don't take kindly to
attempts to circumvent other people's rights, regardless of how smart they may sound to you.