There's clearly a continuum between two independent programs distributed on the same DVD through to a pre-linked static binary combining two pieces of code together.
I believe the OSI point is aiming towards the first part of that continuum (and of course the GPL itself specifically disclaims "mere aggregation"). The line here is somewhat fuzzy, but for example if you were selling NAS boxes based on linux-on-ZFS, it seems to me that it would be hard to explain that away as "mere aggregation", since the essential functionality of the product relies on both those parts working together.
I believe the OSI point is aiming towards the first part of that continuum (and of course the GPL itself specifically disclaims "mere aggregation"). The line here is somewhat fuzzy, but for example if you were selling NAS boxes based on linux-on-ZFS, it seems to me that it would be hard to explain that away as "mere aggregation", since the essential functionality of the product relies on both those parts working together.