A licensing process is different from having a license. I know plenty of companies use open source software. There is no real process for something using something with an MIT license. You can just use it. As someone who has worked as a programmer, Elon Musk would be familiar with that.
Regardless though, the idea that no company would ever use the patents flies in the face of reality:
The process is verifying that is has an MIT license! Granted, it's a short process. That's easy to do with a software package. What's the equivalent of a COPYING file for this? Have they published a legally-binding document anywhere? Or would a lawyer say that Musk's public statements were enough?
I'm very hesitant to play lawyer but the first sentence from the second paragraph of that section is, "A promise made without consideration is generally not enforceable."
Regardless though, the idea that no company would ever use the patents flies in the face of reality:
https://www.usatoday.com/story/money/cars/2014/10/14/tesla-m...