Sven Luther wrote:

<So, depending on the distribution media (sun used to ship gcc as a separate CD
in the old days), you just need a separate CD iso, or a separate repository or
ftp archive, or whatever. I believe it is even possible to have it under a
different subdir in the same ftp server, like debian has main and non-free for
example.>

You brought up a very interesting point.  Since on a file-by-file basis, CDDL 
is essentially the same as GPL, I am now wondering whether it might a good idea 
(at least for sanity purposes) to separate the Solaris/OpenSolaris kernel into 
two parts: the GPL part and the binary-only part.  Eventually, the GPL part of 
the OpenSolaris kernel should be extensive enough such that a customer will 
feel comfortably protected (i.e., s/he will feel not being held hostage by 
Sun).  Sun still gets to control the development of the GPL'ed portion of the 
Solaris/OpenSolaris kernel, to the same extent as, or expectedly more so than, 
Linus does wrt the Linux kernel.
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