> but directly viewing source isn't RE either.

I'd argue that it is. I'd also argue that directly viewing the source doesn't mean you can't write a non-infringing driver.

Unless the source is owned by Oracle, in which case, my hourly rate goes up 100x.

The source and the machine code generated from it are logically equivalent (hopefully). Legality and effort required may be a different matter, but from a common-sense point of view there's little difference.