Please provide reasoning why you think it's "illegal." Otherwise, you're just spreading FUD, which is the whole reason for people believing a Linux distribution can't ship ZFS on Linux in the first place.
Please provide reasoning how it is ok to distribute it. CDDL is incompatible with GPL. Distributing that would allow your distribution to be sued for copyright violation.
http://zfsonlinux.org/faq.html#WhatAboutTheLicensingIssue makes some funny claims about "same binary". GPL is not about "same binary" at all.