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Their wordsThis argumentation is disingenuous and hypocritical. Linux is a political project and Linus is a political actor.
Their wordsLinus is surely aware that, for all practical purposes, Linux cannot be forked. It is the world's largest software project, and one of the most well-funded, too.
Their wordsIt's a cheap, weak argument to direct the discussion away from political and ethical considerations when it wouldn't serve your point and to table it when it would.
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