So, first you claimed the project infringes patents(1), now you try it with implementation license(2).
Its not warez, warez is distribution in violation to license agreement.
License agreement apply to specific implementations, for example ms windowze 98 build xxx. Aka EULA.
Patents do NOT apply to specific implementations or EULAs. Patent grand is ability to use the patented method ON ANY or SPECIFIC, IMPLEMENTATION.
Also, its illegal in most sane countries, simply because you can't patent a process! Software is process. Algorythm is process. Math formula is process. Speaking is process. You can't patent that. This is absurd. Except Americas. But lets check nevertheless.
1) Right, then within America: The project is not misusing or violating any patents, because it will be used absolutely with devices that received the patent grant already.
Lets take case of DSLR using this filesystem. When the user purchased the camera, he paid via the manufacturer for patent grant to use this FS on this camera. Clear?
If you connect it with your (which I question) Linux box, you mount this licensed filesystem on the device with patent grand you paid for. This is legal. The device's FS is licensed.
Illegal would be to produce own device and use this filesystem, to create this filesystem on device without patent grant (for example, create this filesystem on your hard drive). Mounting external licensed media (which is the only case) is okay. Clear? Questions?
2) Were do you assume "this source code is not under GPLv2"? Source of this please? This implementation (code) was on github, that says something to you?