Of course the argument to be had here is OpenZFS lives completely independent of the Linux kernel, it runs on Illumos and FreeBSD and the availability of a Linu

Of course the argument to be had here is OpenZFS lives completely independent of the Linux kernel, it runs on Illumos and FreeBSD and the availability of a Linux kernel module in no way makes or breaks the project. As such, is it a derived work since it is not dependent on the Linux kernel to exist? This is the argument the Illumos developers make about including the GPL'ed KVM code, KVM does not depend on Illumos to exist, as such does loading the KVM module into an Illumos kernel constitute a derived work? Conveniently, this is also precedent that could be set during the VMWare case the SFC is also perusing - we could either see ZFS relegated to being available anywhere but Linux and binary kernel modules totally banned (bad for nVidia, good for AMD), or a total change in the landscape of open source licensing (for better or worse).