The BKL is held over a kmalloc so cannot protect anything beyond that.
The two calls before the kmalloc have their own locking.
Improve device open function by removing the now unnecessary ret variable

Signed-off-by: Vincent Sanders <vince@simtec.co.uk>
Signed-off-by: Thomas Gleixner <tglx@linutronix.de>
Signed-off-by: Jean Delvare <khali@linux-fr.org>