No, you're wrong.
Read the thread at http://kerneltrap.org/node/1735
Linus says that one has to look at each kernel module seperately and judge anew if it's a derived work or not.
You told, as far as I understood you, that all binary-only modules are by definition derived works. That is not Linus' opinion, as stated by me and proofed by the lkml thread above.
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