Darren J Moffat <darr...@opensolaris.org> wrote:

> > One of the biggest questions around this effort would be ?licensing?.
> > As far as our understanding goes; CDDL doesn?t restrict us from
> > modifying ZFS code and releasing it. However GPL and CDDL code cannot
> > be mixed, which implies that ZFS cannot be compiled into Linux Kernel
> > which is GPL. But we believe the way to get around this issue is to
> > build ZFS as a module with a CDDL license, it can still be loaded in
> > the Linux kernel. Though it would be restricted to use the non-GPL
> > symbols, but as long as that rule is adhered to there is no problem of
> > legal issues.
>
> That is my personal understanding as well, however this is not legal 
> advice and I am not qualified to (or even wish to) give it in any case.

>From what I have been told by various lawyers, as long as ZFS is a separate 
work (which means that you cannot tell other people that you mixed the "work" 
Linux-kernel with ZFS) there is no legal problem. If you like to ask a lawyer, 
be careful to ask an independent lawyer and not the SFLC (which is 
unfortunately giving biased advise).

I good choice for an independent lawyer seems to be Lawrence Rosen:

Check e.g. http://www.rosenlaw.com/Rosen_Ch06.pdf
and http://www.rosenlaw.com/

Jörg

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