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> At what % would it no longer be Linux ?

Wrong question. Android phones run proprietary kernels. So by definition they aren't Linux, even if technically the largest parts of their codebase are taken from the Linux source tree. (Yes, all Android phones technically violate the GPL; in spirit if not in letter of the law. Unfortunately that ship sailed long, long ago.)



Wrong assumption,

License is not the same as code base. Violating a license doesn't stop something being what it is.




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