Do you think it would be worthwhile to try? I really would love to see the proper and complete source released for this card - it is a cute and capable device, and having to hack module.c to make use of it seems wrong.
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Find anyone who has a.) contributed code to the kernel (and, thus, holds copyright on it) and b.) wants to pursue a claim of copyright infringement. Any kernel contributor should have standing, AIUI.
(standard "IANAL" and "I speak only for myself" disclaimers apply)
I think you should. This is so blatant I doubt they would try to argue.