YES, unless they signed NDA. Which I can tell you they did.

On Fri, Feb 22, 2013, at 05:44 AM, Paolo Aglialoro wrote:
> The source was available, but it relies on Sun/Oracle patents.
> > The CDDL license it was provided under allows use of those patents,
> > but only subject to certain conditions, and there are indemnification
> > clauses that some projects cannot agree to.
> >
> 
> Does this mean that freebsd, netbsd, maczfs, zfs fuse driver for linux
> and
> the tons of other projects are all at risk? Till today, nobody of them
> has
> been sued. Don't they work on the 28th release of zfs, the last one
> considered free before it became closed source? Did closing the source
> "edit" the conditions of previous releases?

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