GPL however, does put restrictions on it, even the tokenizer. It was specifically crafted in a way where even if you do not have any GPL licensed sourcecode in your project, but it was built on top of it you are still binded by GPL limitations.

the only reason usermode is not affected is because they have an exclusion for it and only via defined communication protocol, if you go around it or attempt to put a workaround in the kernel guess what: it still violates the license - point is: it is very restrictive.