I don't think anyone here has denied that there are legal
issues
involved and the nVidia's hands are tied.
ok then I'll say it here and now:
I don't believe for a minute that nvidia has significant third party
code or NDA's in their driver. I can't say here why though.
There probably are patents involved, but those don't in general prevent
open sourcing something unless you're on the wrong end of the stick.
Sure nvidia gives the same nice 5 excuses everyone else with binary
modules gives just to shut people up. Doesn't mean it's true ... ;-)