[Milhouse]

At freeze it has had 40mb left and could not even ssh into pi as it has fully freezed.

Yes, it appears it can take a while for the OOM killer to kick in.

The other evening I tested a video with a random external ASS subtitle file (known memory leaker) on a Pi2.

I left the video playing on repeat overnight, and this is the amount of free memory at 10 second intervals: http://sprunge.us/DQSD

Here's a journalctl after Kodi had been killed by the OOM killer: http://sprunge.us/fQFA

Notice how the Pi stopped responding to ssh between 10:52:11 and 11:44:23, until Kodi restarted.