The top level comment in this thread is talking about "consumer facing products". ML is not a mainstream consumer use of Nvidia drivers. Most of the people who got a bee in their bonnet about Nvidia drivers not being open source are desktop users interested in the graphics drivers.
Either way, I don't understand the issue. If people don't like the fact Nvidia has proprietary drivers they can choose not to buy their hardware. To buy their hardware and then be upset about it makes no sense.
Same for the kernel developers, they either want proprietary drivers to work with Linux or not. If they don't they can give Nvidia the finger outright instead of pussyfooting around – but Nvidia is not the only one with proprietary drivers and I think we all know how quickly Linux would go the way of the dodo if it didn't support proprietary stuff.
This whole topic has always been rife with posturing, entitlement and hypocrisy. People love to enjoy all the benefits from Nvidia hardware while bitching about the drivers. You can't force a company to use open source. Take it or leave it.
It also a red herring. People love to point to AMD as a counter-example, but are AMD drivers so much better? They're open source but you can't write AMD's drivers for them, and AMD's people are slow to release them and to fix bugs so at the end of the day it's the exact same thing as far as I am concerned as a user.