> liability could very likely also fall on the Linux foundation.

It’s just the same as if I copy-paste proprietary code into the kernel and lie about it being GPL.

Is the Linux foundation liable there?

Maybe. DCOs haven’t been tested. But you can at least say that the person who did this committed fraud and that you had no reasonable way to know they would do that.

LLMs can and do regurgitate code without the user’s knowledge. That’s the problem, the user has no way to mitigate against it. You’re telling contributors “use this thing that has a random chance of creating infringing code”. You should have foreseen that would result in infringing code making its way into the kernel.

If someone sent you some code and said “it’s all good bro, you can put it in the kernel with your name on it”, would you?

If you don’t feel comfortable about where some code has come from, don’t sign your name.

The fact LLMs exist and can generate code doesn’t change how you would behave and sign your name to guarantee something.