[N3WBI3]

The can use the v2 Linux kernel on their v3 anti-DRM frankenstein O/S without needing a different kernel

Only up to the time that the v2 and v3 forks have diverged sufficently. If they functionally differ its more than likely the linux kernel will not work with gpl3.

[Golden Eagle]

If they functionally differ its more than likely the linux kernel will not work with gpl3

Stallman's GNU system will even run on top of Solaris (see Nexenta), the Linux kernel guys would have to pull a Microsoft and purposefully lock Stallman out which could land them in EU or other court.