Western Digital not following the GPL? 12 years ago
Seems like that stuff doesn't cover the firmware updater. The infringing code is dated 2006, those files are from 2001 or so.
WDC opensourced all the GPL code inside the firmware for their "smart" (read: linux-based) product, not their desktop code (see also: http://support.wdc.com/download/gpl/)
[edit: added info]