The thread showed the OpenBSD developper didn't take GPL code, commited it in CVS and forgot about it, but that he replaced some OpenBSD-rewritten code with new GPL code later, and then commited the result.
So the infrigement occured several times in a row and he really couldn't pretend he was working on replacing an initial GPL cut & paste
(also taking some outside code and replacing it peacemeal while having the original code under the eyes is probably not legit legal-wise, and he didn't even had the "excuse" there was no hardware docs because the Linux people had set up a separate documentation project for the hardware)
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