This isn't just applicable to Linux; we have a strict policy on using only in-kernel filesystems on FreeBSD as well after some poor experiences (_in production_) with aufs-esque ports to FreeBSD. They all look shiny and nice on the outside, and even stress test OK, but when you release them to the masses that's when the shit hits the fan and you realize they're just not designed to the same specifications as the rest of the OS components.
I'm saying it didn't matter why. Just that at the end of the day, the kernel team isn't opting their weight behind this, and that should factor in to the decision.
EDIT: I would also like to explicitly point out the false equivocation to which I am responding. The idea that the Linux Kernel project ignoring the code because it has an incompatible license is, in any way, equivalent to the Linux Kernel Project maintainers choosing to not "throw their weight" behind a piece of code by mainlining it -- essentially that they are rejecting it due to lack of technical merit -- is specious at best and deliberately instils fear, uncertainty and doubt at worst.
If you have ever written a kernel module out of tree then tried to upgrade the kernel version you know this pain.