And well, anyone dealing with a proprietary product should know better by now than to include BusyBox in their product without also providing the code for it as BusyBox has a very good history of winning court cases of this type.
Now, while the initial thing was regarding BusyBox, they are also trying to go and push against Tivoization with GPLv2 trying to gain access to "vmkernel" from VMware ESXi. Linus has had a long history of allowing Tivoization, so that might not get through the courts so clearly, but it's a second prong of attack they are using. Expect nVidia and any other proprietary driver maker to possibly join in on that prong - whether arguing for VMware's position or trying to curtail a court ruling that would expand beyond this particular case (since it's basically about an ESXi OS that uses Linux in some form) from impacting other driver manufacturers (f.e nVidia) that simply provide a binary blob for use with their hardware to customers. It should be pretty easy to make the differentiation between the two groups; but you never know what a judge will do.
IANAL, but that's what I see.