That may technically be true, but if the author was to sue anyone based on that argument, this project itself would be in violation of copyright law, since all the code seems to be distributed only as a Linux kernel module (with all files #including kernel headers and such) and so it actually has to be distributed under the GPLv2.
This is true, but I imagine that no company will actually use or distribute this project in any way, since it is actually illegal (however technically) for them to do so until this issue is resolved.
