Yes, they were. What kind of argument is this? If you submit a PR to the kernel you are explicitly engaging with the maintainer(s) of that part of the kernel. That's usually not more than half a dozen people. Seems pretty specific to me.
I assure you that it falls under IRB's purview -- I came into the thread intending to make grandparent's comment. When using deception in a human subjects experiment, there is an additional level of rigor -- you usually need to debrief the participant about said deception, not wait for them to read about it in the press.
(And if a human is reviewing these patches, then yes, it is human subjects research.)
Yes, if in the course of that experimentation, you also shipped potentially harmful products to buyers of those products "to see if Amazon actually let me".