Whether there's really a difference between EXPORT_SYMBOL and EXPORT_SYMBOL_GPL is pretty tenuous, and NVIDIA is probably already accessing EXPORT_SYMBOL code.
From what I understand, NVIDIA has a sign-off from most of the people involved... just Alan and one or two others are simply saying that NVIDIA should consult their lawyers [because they would be presumably violating the license]. Not that any of that means the patch will be accepted.
Now I see why Sun released all their stuff under the CDDL. One so they don't have to deal with GPL bullshit, and two just so they can stab a fork in the eye of these Stallman nuthuggers.