Opinion on this "license"?

[Gene Smith]

Gene Smith wrote:

> 
> This pertains to a kernel driver for a proprietary board.

When I wrote this I was think "kernel module" which historically can be 
closed source. However, looking back at the code/documentation, it 
appears that this a built-in kernel drivers for linux. Does this not 
obligate anyone who distributes the resulting linux kernel to GPL the 
kernel driver code as well, including the driver?