I did not notice this issue in older ubuntu versions. I even did not
notice it in the same ubuntu version with older kernels (of the 2.6.38
series). (However, the bug _may_ affect some of the very recent older
kernels. I did not test them by purpose.)

Today I have performed the test suggested above with newest upstream
kernel. The result is that kernel in

linux-
image-3.3.0-030300rc3-generic_3.3.0-030300rc3.201202082335_amd64.deb

is free of the buggy behaviour.

I.e. with the kernel 3.3.0-030300rc3  I can open new network connections
during heavy scp downloads.

Note that I downloaded and tested only the image file.  I did not test
3.3.0 header files.

** Tags removed: needs-upstream-testing

** Tags added: kernel-fixed-upstream-v3.3.0-030300rc3-generic

** Changed in: linux (Ubuntu)
       Status: Incomplete => Confirmed

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https://bugs.launchpad.net/bugs/933040

Title:
  Kernel or driver blocks new network connections during  scp download.

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