> There would also be no protection against Sun's patents on ZFS if
> we were to expand that into a full implementation.

To the contrary: While the CDDL protects any developers (and users) from
patent claims by both SUN and all software/license users, GPL-2 does
not. Any user of the linux kernel (e.g. SCO) can file patent claims
against any developer who contributed to the kernel. If the linux kernel
used CDDL instead of GPL-2, those patent claims would violate (and
terminate) the license. SUN itself grants all relevant patent rights
within the CDDL (read http://www.sun.com/cddl/cddl.html).

Not CDDL is the problem but GPL-2's lack of a solution for SCO-like
attacks (and it's non-compatibility statements against licenses that
have such a solution).

For Ubuntu, a simple workaround would be a patch to the kernel. The
patch itself (containing CDDLed code) does not violate the GPL-2. Users
could apply the patch (in most cases users are allowed to do so), Ubuntu
itself would not need to supply already-patched kernels.

-- 
Add native ZFS to Ubuntu
https://bugs.launchpad.net/bugs/202952
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