CVE-2010-3848 repeated?

[Rooney]

Hi all,
I might be wrong but in the
drivers/staging/comedi/drivers/serial2002.c I can see the
set_fs(oldfs); without checking the KERNEL/USER position, is it a bug
or I just got confused?
I kind of need this file and if someone can guide me I will be very thankful

Regards,
Rooney S