Earlier quoted context omitted.
There was an article a bit ago on HN where the Free Software Conservancy (?) wrote that legally, shipping a precompiled binary kernel module is the same as having it in the kernel.
But obviously Canonical's lawyers don't think shipping it separately is the same as shipping it in the kernel, because if they did they would not ship it separately to begin with.
If this ever goes to court it will be an interesting case.