Linus explained on the GitHub link:
This is an ancient bug that was actually attempted to be fixed once (badly) by me eleven years ago in commit 4ceb5db9757a ("Fix get_user_pages() race for write access") but that was then undone due to problems on s390 by commit f33ea7f404e5 ("fix get_user_pages bug").
In the meantime, the s390 situation has long been fixed, and we can now fix it by checking the pte_dirty() bit properly (and do it better). The s390 dirty bit was implemented in abf09bed3cce ("s390/mm: implement software dirty bits") which made it into v3.9. Earlier kernels will have to look at the page state itself.
Also, the VM has become more scalable, and what used a purely theoretical race back then has become easier to trigger.
To fix it, we introduce a new internal FOLL_COW flag to mark the "yes, we already did a COW" rather than play racy games with FOLL_WRITE that is very fundamental, and then use the pte dirty flag to validate that the FOLL_COW flag is still valid.
So there was an attempt to fix the race condition over a decade ago, but it got undone.
Whom the gods would destroy, they first teach BASIC.