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/)
Now, I'm not a lawyer but the Mario Kart 8 package contains code that is GPL (not LGPL) - look at the bluetooth audio codec stuff. Does this mean that Nintendo is legally bound to release the whole source code of Mario Kart 8 now? :)
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]