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Re:VMWare Taken to Court Over GPL Violation by nailer on Saturday March 07, 2015 @06:10AM (#9161582)
There is no boot loader. This is the Linux kernel module interface. The boot loader used on ESX was an actual boot loader, IIRC grub.

Arguing kernel modules are derived works from the kernel is very very different from arguing user space software is derived from an OS.

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