I don't think this is the case. VMware (and their lawyers) have studied the GPL and genuinely do not believe they are not complying with its requirements.
This isn't the typical "shady hardware vendor embeds modified busybox" situation where the (in this case alleged) lack of compliance is out of laziness, fear or ignorance.
[Disclaimer: as per my other comment, I used to work at VMware, and am inherently biased in that sense, although I also happen to agree with VMware on the whole ESXi/vmklinux situation.]