oh, sorry, yes, it seems the unlock is also the issue, and it seems that removing dkms solved that one problem, didn't look closely enough.

So just install the liquorix kernel and you should be fine, then by the time fglrx fixes their driver for new kernels, y ou can go back to the debian one. Or just use liquorix, it's quite popular.
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I guess I only have one more thing... though I guess it doesn't matter match... my temp monitor doesn't work with the driver installed... oh well

so yeah to sum it up lookes like I just needed to

apt-get purge dkms before starting

and check the kernel config /boot/config-x.x.xx-x-xxxx for CONFIG_LOCK_KERNEL=y

thats it... thanks for all your help.
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