So the kernel developers are left wondering what is really going on
The intent of the patch and what it works around is as clear as a summer's day. I seriously doubt the kernel developers are living under a rock. Any whining along the lines of "patents are evil and hence we're not going to capitulate" is missing a big dose of (current) reality. Sure it would be nice to invalidate the VFAT patents, but until this is done the further adoption of Linux (by device makers such as TomTom) is in jeopardy.
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