> Wait, Microsoft is distributing and loading GPL'ed kernel modules for windows?
A few years ago, the Linux kernel project accepted several patches from Microsoft that were meant to make it easier to run Linux in a VM hosted on a Windows machine ( http://www.dwheeler.com/blog/2011/07/14/#microsoft-linux-aut... ).
That is not how copyright infringement work. To be held liable, you have to distribute* a copyrighted work and then fail to comply with the license. Microsoft is as you say not distributing GPL'ed kernel modules, so there is no possible way* for them to help liable for GPLv2 windows kernel modules.
A third-party windows distributor could be help liable if they bundled the modules with preinstalled windows machines. In that case, that third party would have to stop distributing the module, or beg Microsoft to release the source code for windows under GPLv2.
* The pirate bay crew got charged for assisting in copyright infringement without distribution, but at least there was the accusation that someone somewhere did distribute a copyrighted work without permission.
Are Microsoft shipping this with windows 7, windows 8, or windows server 2012, and is there a list somewhere for the shipped modules?