[arp242]

But the license claims aren't bogus – or at least not all of them? For example the CDDL states that you can't add additional restrictions, but if you combine it with the GPL then the GPL also applies, so that's an "additional restriction", no?

Of course, all of this is highly legalistic and in spirit the CDDL and GPL are essentially identical, and from that perspective any lawsuit would be complete bollocks, but ... bollocks lawsuits do happen.

There's lots of claims about GPL and CDDL compatibility floating around and much of it sounds at least plausible and it's all a bit controversial. Clearing up this sort of confusion is exactly the sort of scenario where courts come in to play. So it seems to me that fears of a lawsuit are not entirely unreasonable.

Do you want to put all your money and the future development of Linux at risk? The nature of lawsuits in the US means that as soon as the lawsuit is filed you've lost already, and the ruling just decides if you've lost even harder.

Not denying Linux can have its share of NIH, but I see this mostly as a matter of risk management. e.g. Canonical has decided to take that risk, which is fair and reasonable, but Linus decided to not take that risk, which is also fair and reasonable.

Of course the entire situation is ridiculous; btrfs is partly sponsored by Oracle, and Oracle is also sitting on a perfectly functional filesystem they can just relicense like they did with dtrace. I don't know what's preventing Oracle from doing that.

[panick21_]

Why then does Canonical and many other places link it with the kernel and distribute it. Canonical stated there is no issue.

If you really believe there is a license issue go ahead and start suing people and see how far you get with that.

> So it seems to me that fears of a lawsuit are not entirely unreasonable.

And yet lots cooperation shipped code and products with ZFS and Linux with no issue what so ever for many, many years now.

> Do you want to put all your money and the future development of Linux at risk?

Its not a risk for Linux at all. Its a risk for a company that distributes Linux with ZFS in it. If a company for some reason believes that there might be an issue and they don't want it, then they can feel free to remove it.

My guess is that 99.9% of companies will simply use Linux with ZFS in it.

> Linus decided to not take that risk, which is also fair and reasonable

He could just say he would merge it, and unless half the large cooperations in the world jump on him to stop him there is no reason to not merge it. But he didn't do it, he just reject it out of hand based on some vague 'maybe oracle' something. Did he consult a lawyers?

[arp242]

Lots of lawyers have said it's probably incompatible. Is it? Who knows. You're saying it's all nonsense, which seems quite a far-fetched claim. I find it hard to see how anyone could defend any other answer than "it's presently unclear", possibly followed by "but it's probably (in)?compatible".

That distros haven't been sued yet seems meaningless. Granted, Oracle has been a bit better in recent years, but people haven't forgotten Oracle v. Google, SCO v. {everyone}, USL v. BSDi, etc. One of the lessons is that you can never know who will own some piece of copyright or IP in the future and what they will do with it. Oracle could off-load all of the Solaris stuff to some copyright troll tomorrow.

But it doesn't really matter who is right or wrong here or if it is or isn't compatible: there's enough of a dispute for lawsuits, and they're going to be costly and a headache anyway.

[panick21_]

> That distros haven't been sued yet seems meaningless.

I don't think if meaningless. And its not just distros, there are whole companies whos buissness model depends on linux with zfs. And its also all the companies who use the distros.

Literally 100s and 100s of company are running Ubuntu. All of those companies have decided that ZFS isn't a problem of them. All of them could have ask to exclude ZFS but non have to my knowlage.

Its also not really about Oracle. Sun did the legwork when they open-sourced their stuff. Those licenses in itself are not in question. And those licenses certainty don't care about being linked with GPL. The only question is if GPL is incomparable with the CDDL.

So the fear of Oracle in this case that Oracle would put itself forward as defender of the GPL? That makes no sense. But anybody could sue anybody about that at any time.

If Linux had included ZFS the ZFS code would already exists on most of the worlds computers by now. And the waste, waste majority of companies would not remove ZFS over some open source inside baseball.

[fmajid]

I'm not disagreeing with you. I fully understand why the code can't be incorporated as is. Then again, workarounds were found for things like the proprietary nVidia drivers, and the unwillingness to do so for an arguably far superior filesystem reeks of NIH.

[arp242]

I'm not sure what you mean? The nVidia drivers have never been considered for inclusion in the kernel source tree?

[fmajid]

No, but there is a stable kernel API and ABI to interface with them, unlike the VFS kernel API that constantly changes and induces breakage in ZoL.