Linux magically solves this problem how? GPL isn't magic. It doesn't compel contributing upstream. And half of modern driver stacks live in userspace anyways.
I think a big issue is also that it's hard to show actual damages with this kind of copyright violation. It's obviously copyright violation but what damages are there really? Also, there are so many dubious cases where it's not clear whether it is a violation or not.
https://sfconservancy.org/copyleft-compliance/ https://sfconservancy.org/copyleft-compliance/vizio.html