Why take it out of the kernel? Why not just make someone responsible the maintainer so they can say "no, next release" to his shenanigans? It can't be the license.
Software take up no space and there is no scarcity. Theoretically there could be any number of maintainers and what gets uptake is the de facto upstream. That's what people refer to when they talk about free software development in terms of meritocracy.
A way to handle this would be with one person (or more) in between Kent and Linus. And maybe a separate tree only for changes and fixes from bcachefs that those people in between would forward to Linus. A staging of sorts.