Linux-Driver Problem of DVB S2 tuner card

I just bought a TBS6981 three weeks ago; so far I'm very satisfied with card. The only problem I noticed is the one that blckcat already reported (no signal in VDR if you first tune to a HDTV channel after turning on the PC). For me it is not important because my PC runs 24/7, but maybe you like to have a look at it, because there are no reports from users with other DVB-S2 tuners with the same problem.

Is there any chance that the driver will make it into the kernel in near future (which requires 100% open source code).Why is the driver not completely open source? Is it to protect your work or are NDAs the reason that prevents you from releasing the source code?