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It's not a GPL violation
It's not a GPL violation unless their driver includes GPL code. It does not matter if the code is used in a Windows driver or not. The fact that it is a driver for Linux does not in itself make it a derivative work under copyright law (although some of the Linux developers seem to want that to be the case).
If it mattered if the driver were "Linux specific", then one could take such a driver and make it no longer be a "derivative work" by porting it to another OS, which obviously does not make sense.