Note that there are processes that can help with this sort of misunderstanding. Every commit to the kernel, for example, includes a chain of "signed-off" tags indicating the developers who have reviewed the patch.
The related agreement in Documentation/SubmittingPatches includes a section detailing exactly what "signed-off" entails in the context of license and copyright law. So at least in principle, every change includes an affirmative promise that there are no hidden license violations. It's not possible for such a change to reach a relaese without the whole chain of developers from the original author to Linus failing to follow the rules.
What seems interesting is that OpenBSD appears to have no equivalent. They just delegate commit privileges without training and assume everyone is clean and competent.
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