From the NeoPwn store (emphasis mine):
Since they're referring to it as a patched driver, not a newly written one, it seems like it uses GPLed code from wl12xx; if this is the case, I don't see how a binary release without accompanying source (assuming they don't get 1350EUR by the 28th) is legally possible. I hope I'm just misunderstanding something...

I certainly don't mind people trying to make a buck to recover their development costs, or even to profit beyond that -- but you've gotta do it legally. I had already preordered a microSD, with the assumption that driver source would be included, but at this point I'm not going to repreorder or donate until this legal issue is clarified.