On Jun 11, 2010, at 10:43, Joerg Schilling wrote:

Jason King <ja...@ansipunx.net> wrote:

Well technically they could start with the GRUB zfs code, which is GPL
licensed, but I don't think that's the case.

As explained in depth in a previous posting, there is absolutely no legal problem with putting the CDDLd original ZFS implementation into the Linux
kernel.

You are sadly mistaken.

From GNU.org on license compatibilities:

http://www.gnu.org/licenses/license-list.html

        Common Development and Distribution License (CDDL), version 1.0
This is a free software license. It has a copyleft with a scope that's similar to the one in the Mozilla Public License, which makes it incompatible with the GNU GPL. This means a module covered by the GPL and a module covered by the CDDL cannot legally be linked together. We urge you not to use the CDDL for this reason.

Also unfortunate in the CDDL is its use of the term “intellectual property”.

Whether a license is classified as "Open Source" or not does not imply that all open source licenses are compatible with each other.

Alex
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