I think it was Tuxedo that accidentally ended up with GPLv3 drivers and no ability to relicense them.

Which means they can't be upstreamed because GPLv3 is not compatible with GPLv2 (for the same reason CDDLv1.0 is considered incompatible).

They either need to track every copyright from the contractors (who AFAIK didn't sign over licensing to Tuxedo) to relicense the code, or write drivers again from scratch.

That was a problem at some point, but I think most of the GPL3-to-GPL2-relicense-issues have been solved by now?