With the non-enforcement of the license (see vmware, various chinese companies), Linux kernel is de facto MIT, yes.
> see vmware
from https://lwn.net/Articles/696936/: "The court ruled that he had not provided enough specificity about the code he was claiming had been used by the company. The merits of the GPL and whether the two main parts of VMware's product constitute a derived work of the kernel were not even considered."
That doesn't seem to prove anything.
> various chinese companies
HiSilicon (https://github.com/hisilicon/linux-hisi) releases its fork.
It's... not a good time.