Real Time Linux, Now Patented

This week's Linux Weekly News is reporting that Victor Yodaiken, the developer of RT-Linux (Real Time linux) has been granted a patent on method used by RT-linux. He intends that Linux users be granted a no royalty license, users of closed OS' may have to. It's unclear whether Hurd or *BSD would be granted a royalty-free license. While this could be heralded as the beginning of a new defensive patent trust for free software, it also jars somewhat with the hacker ethic. What do you think? Is Victor's idea one which is technically original, and which would not have been published had the author not had the protection afforded by a patent? Was RT-Linux's status as prior art not sufficient to keep RT-Linux free from other patent claims?