Practically, the components of Android which mandate a user account are not distributed so that the user can modify them. The exemption does not apply.
But if Ubuntu bundles an Nvidia graphics driver that is not open source does that disqualify it? It's normal for there to be a mix of both open and closed source code in an os.
A better example is: I install Debian and later, somehow, the Google Play Store. Maybe that’s the only way to get some driver. Who is responsible for asking my age: Debian or Google?
I think what matters is who is in control. You can always ditch the Nvidia driver and buy another card from a different company. Even if that one is not open source, you're the one in control.
I think since it is a for-profit project it is not exempt. At the least it would not make any sense otherwise.
I also agree that this is now a mess. Courts will lateron find that such exemptions make no sense, since it is unfair to Windows users. And Windows will require mandatory ID verification; I think they already do that to some extent, e. g. when you register the OS, unless you use the workarounds to not give up your ID in order to use Windows (not sure if this has changed with Windows 11, I won't use that version and it is unlikely I will use any later version; I use Win10 only on a secondary computer anyway, have been using Linux since soon-to-be 30 years so I could not care any less about this ruthless and evil operating system called Windows, now with mandatory AI slop spam).
