This isn't quite correct. Nothing really prevents the LiveUSB distribution from writing to itself under ext3, build the ZFS during installation, then use the b

This isn't quite correct. Nothing really prevents the LiveUSB distribution from writing to itself under ext3, build the ZFS during installation, then use the binary compiled from this process to set it up on the actual SSDs/HDDs. This is legally essentially the same binary blob Nvidia driver as you aren't distributing the binary. I'm assuming the reason this wasn't done was due to the convenience + you'd need to setup the USB like: https://help.ubuntu.com/community/LiveCD/Persistence https://help.ubuntu.com/community/LiveCD/Persistence But once you compiled it on the persistent partition, you'd be able to perform the installation just fine legally and technically is my understanding.