It's a grey area. There are quite a few open source audio apps that ship with ASIO support, some of them even GPL licensed. AFAICT, the problem is that Steinberg forbids redistribution of the SDK which would conflict with the GPL. Now, if you would get a license agreement from Steinberg and just don't include the SDK in your source code (to comply with Steinberg's terms), who is going to sue you for not complying with the GPL?