> because of LLMs, be significantly produced by a human, as machine written code cannot be Copyrighted, thus, cannot be Open Source, and thus, cannot be in the kernel because it isn't open source.

...that's not how copyright works. You can't poison an open source project with code that's fully and unreservedly in the public domain, if that precedent stands for much longer and if that precedent is applied to software in a way that's even vaguely analagous to how it's applied to things that judges sorta kinda understand.