If the driver is using a firmware blob that does something trivial (for example some touchscreens load a file that defines the dimensions of the screen), then that is probably not a derivative, and you can make the argument that it just about complies with the GPL. It gets more dubious when the driver's whole purpose is to communicate with a blob that implements all the important code (a good example of this are ATI/AMD cards), or cameras on smartphones that the firmware does all the image processing with. I think with these, actual code is being executed that uses the Linux kernel's features, as opposed to the previous example of certain touchscreens. In the end in order to comply wholly with the GPL it is best to not tolerate the proprietary firmware blobs at all. We are long past that point though...

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