Software licensing disputes have almost nothing to do with the technical mechanism that loads the code into RAM. The court will look at the totality of the facts: what is the product, how is it normally operated, who is selling it. There's a lot more common sense involved than programmers like to think (but it's not completely about common sense).

For example the Nvidia driver gets to ignore the Linux kernel license because even though it links with the kernel, when considered as a complete package it's not a derivative work of the kernel. It is its own product that can be plugged into various kernels such as Windows and Linux, and the small adapter layer for each kernel doesn't change that.

Some German court even once interpreted GPLv2 to prohibit tivoization.