We've had a conference call with Diane Peters from the OSDL and Matt McCooe who is responsible to licensing for NUIM. This will hopefully help to clear up the issues.
It was suggested that releasing the code under the GPL gives implicit license to the patent, but that to ensure that no-one will fear future litigation we can license the patent to OSDL for sub-licensing.
This is in the works now, and I've communicated the above to the kernel folks and at least Dave Miller said that he sees no trouble licensing-wise with our contributions.
Hopefully now our patches will receive the technical review that they need to continue their journey in the linus tree.
Bugs, Bugs & Bugs
I've been drilling into the inner workings of my changes, they seem to work for all of my tests, but I wanted some more confidence.
It appears that my patches break the counting of fackets_out (which I haven't deciphered it's use yet). It causes no known effect, but that does not mean it's not a bug.
Where did I put the pesticider? (An environmentally clean pesticider! -- It is actually proven to work, it hasn't killed any pest! :-)
p.s. relayfs rulez! I'm pumping tons of data out of the kernel for tracing purposes, and it just works, with little damage to performance. (Derry, this is the case where gdb is not helpful).