For ZFS, they do. Debian's legal advisors say that shipping it as a DKMS module (i.e., as you describe) is fine, so they do that.
https://bits.debian.org/2016/05/what-does-it-mean-that-zfs-i...
https://packages.debian.org/jessie-backports/zfs-dkms
Ubuntu's legal advisors say that shipping the compiled module is fine, so they ship that.
https://insights.ubuntu.com/2016/02/18/zfs-licensing-and-lin...
DTrace is rather more closely coupled to the kernel than a filesystem, and there are good Linux-native alternatives now.
http://www.brendangregg.com/blog/2016-10-27/dtrace-for-linux...