I think the policy should be to include the driver as it is. Look at is this way:
The vendor supplies the code under GPL. He probably releases the driver in binary form for other OS'es. He shouldn't be bothered about maintaining several version. This way Linux gets the updates as fast as other OSs as well.
When the vendor stops supporting the driver, some user of the device must take over maintaining it. As no more patches comes from the vendor it might be a good idea to remove the HAL at that point. But not before.
I must say I disagree with the policy of not using an HAL - which should be called an OSAL in this context. It minimizes the coupling between the Linux kernel and the driver. Seperating stuff this way is always a good idea. It might hurt performance but the vendor in this case have a clear interrest in fixing that.
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