I forked the driver at the last "GPLv2" commit before Arther bumped it to GPLv3 to avoid using a kernel driver that is not license compatible with the GPLv2 (only) kernel, but in reality this is irrelevant because the code he started from was not license marked. To change the license (or state one) he needs permission from the original author and since this person isn't known .. he doesn't have permission.
Andreas Faerber posted the following series to the LKML and I hope this provides an upstream, GPLv2, less hacky alternative: