I do happen to agree with one of Jason Dixon's original arguments:

this and the related discussions on this list are an utter waste of

time and resources. (Of course, this means I'm going to contribute to

the waste a little more.)
Theo made his arguments. There have been some conversations between

him and other involved persons, some of which hasn't been made public.

Theo's points, and the counterpoints, have been argued to death.

Continuing to argue them will not convince any of the people involved

that they are wrong. This has become a religious argument.
There can be only one of two resolutions.
Either the involved Linux developers, or somebody in a leadership role

in Linux development, will take some action to resolve the problem

(and maybe they already have), or, unfortunately, the licensing issue

will eventually find its way into a German court of law, where it

belongs.
Continuing to argue and re-argue the various points here, and feeding

the troll in the Atheros thread, will not help either of those

resolutions. In all likelihood, it will lead to more bad blood between

the various groups of developers, and maybe even prevent an amicable

resolution.
If you're not a German IP lawyer, or someone centrally involved with

this, then you probably can't do anything to help.
Thanks,
- Random OpenBSD enthusiast of no importance at all.