Then, theoretically, how about distributing the zfs-on-linux source code with the NAS and present a button in the web interface "Install ZFS" which pops up a big "this will install a non-GPL-compliant module" message which everyone just clicks "OK" on and we're done?
This is essentially what DKMS does and how Debian is shipping ZFS. I can only imagine that Ubuntu wants to make it easier that (perhaps it would be hard to have the installer support ZFS as root filesystem without having the binary ZFS module - you'd have to ship a full compiler toolchain as part of the installer?)
That's one of the attempted justifications anyway. So what's more "audacious" here is Ubuntu distributing zfs.ko included in the initial install, and not requiring a dkms-like setup.
There's disagreement, even among core kernel developers, about whether nvidia's binary kernel module is OK. The fact that they've gotten away with it for a long time doesn't mean that it's OK, just that it's somewhere between hard and impossible to enforce copyleft (for various reasons worth of a separate post). ref: https://lkml.org/lkml/2012/8/1/411