That's interesting. Still, there are a huge number of copyright holders of the linux kernel and some may have a different opinion on the legalese applies.
And would all Windows developers leave? Most I bump into see Linux as a toy still, despite the ever-growing army of vocal Python developers who favour development on the platform (if you love slow GUI programs, Python sure is the way to go!)
GPL would make that impossible. There are reasons OS X is based on BSD, and not all of them are about technical superiority.