>>10
A patch is both a derivative work: and subject to the original work's copyright
AND an original work of authorship: with it's own copyright.
So lets say there are 3 persons:
A - Linus "The Faggot" Torvalds
B - Bradly "The Maverik" Spengler
C - Consumer Luser.
A makes a Work.
B makes an annotation/modification/elaboration/revision/editorialization based on A's Work.
C downloads it. C must obey the copyright of B and A.
B must obey the copyright of A.
In this situation, the Grsecurity situation. B is not obeying the copyright of A; and it is not possible for C to obey the copyright of A and B at the same time as the terms conflict: and C is well aware of this. Hence the possibility of contributory copyright infringement on C's part.