I think this point is key to the issue. Linuxant's trick is clever, but silly. It would have the same legal and technical effect to do it this way:
MODULE_LICENSE("GPL"); // not really, this just shuts up confusing messages
If a court would find that a user is entitled to consider the output of modinfo (or equivalent) to be a complete offer of a license, then both this and Linuxant's clever trick require Linuxant to grant a GPL license. If not, then it makes no difference legally what the argument of MODULE_LICENSE() is.
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