While these specific drivers aren’t allowed to be redistributed by Google, none of the other drivers are allowed to be redistributed by ROM developers, either. Nobody seems to care about that and does it anyway.
I wrote about this 2 years ago while I had my own Android ROM.
While I understand his point of being powerless in the face of binary drivers, couldn’t he have architected the graphics system in such a way that that’s ok? I believe Windows Vista and later implements a graphics system just restarts the graphics driver if it crashes, instead of letting it take down the OS. The ability to be able to not get affected by someone elses bugs and to be able to point fingers is great.