Branching happens all the time, either to develop a feature or because it's doing something that upstream won't accept. One man maintaining his own patches isn't a fork. A fork would imply that that you're planning to diverge from or replace the project you branched from, nothing in his post indicates he wants to compete with Linux or the LKML. He's just saying I'll make my own patches and provide them for those who want them, but I'm not going to bother trying to upstream them. Kinda like Debian and Ubuntu, Canonical made a lot of patches for Debian but they weren't trying to fork it. They just rebased off it every six months, being a downstream variation. He's making a downstream variation with some interface from BSD. Big whoop.