Not sure if this can contribute towards a possible solution, but from Mer project point of view following solutions could work:

Ideal for Mer (based on principles in our work-in-progress "Vendor social contract"*):

(* vendor social contract largely inspired by the open attitude by Nokia when dealing with the tablet devices.)

* Open source kernel driver like in Fremantle - not stuck at 2.6.21
* Closed source GL libraries (like in Fremantle), distributed by token repository from maemo.org, authenticated by your N8x0 MAC address, agree to EULA, and you get a repository line / .install file you can add to your installation and/or download pre-made firmware images containing the closed bits.

To the N8x0 users worrying Mer won't be OSS, there's always the option to download a Mer image without the closed bits without EULA, MAC auth, etc. This won't ever change - the pre-made images are just the open image and closed bits mixed together, for end-user appeal.

Workable scenario, but restricts our end-user out-of-box experience appeal:

* Open source kernel driver like in Fremantle - not stuck at 2.6.21
* Closed source GL libraries (like in Fremantle), distributed by token repository from Nokia, where you authenticate with your MAC (that you're a N8x0 users), agree to EULA, and you get a repository line / .install file you can add to your installation

The Not So Ideal scenario:
* Closed source kernel driver - we're stuck at 2.6.21, which is obviously not good and there might be legality issues?
* Closed source GL libraries
* Only downloadable through a system of EULA, and MAC authentication for only N8x0 users, ideally through a token repository like with nokia-binaries in Fremantle, either on maemo.org or from Nokia.

Idealistic scenario (but probably very unrealistic in the current hardware climate) (B&S)

* Open source kernel driver (it would be stupid to get stuck to 2.6.21)
* Open source GL libraries