It appears from this article by ITWire that the Asus EeePC may be in violation of the GPL. The GPL is the copyright that covers the Linux kernel and specifies the rights and responsibilities given to the receiver of the copyrighted product (the kernel in this case).
Turns out that Asus has utilized the kernel with some modifications but has not released any of the source code – a direct violation of the GPL. And with the Software Freedom Law Center (SFLC) filing new lawsuits on behalf of busybox (another GPL-licensed product) after resolving the last one to the benefit of busybox, I can’t help but imagine that Asus will tread carefully and will negotiate. We’ll see.
UNIX Administratosphere 
They released the kernel sources yesterday, downloadable from the Asus website. http://dlsvr01.asus.com/pub/ASUS/EeePC/701/Linux_Kernel_071127.rar
I can verify that this is indeed their modified Linux kernel source; I have used it successfully build kernel modules.