But the responsible party is still the human who added the code. Not the tool that helped do so.
In a court case the responsibility party very well could be the Linux foundation because this is a foreseeable consequence of allowing AI contributions. There’s no reasonable way for a human to make such a guarantee while using AI generated code.
The practical concern of Linux developers regarding responsibility is not being able to ban the author, it's that the author should take ongoing care for his contribution.