Oracle is not the one that could sue. There is nothing in the CDDL that prevents it being used else where. The GPL on the other hand is a strong copy left. If

Oracle is not the one that could sue. There is nothing in the CDDL that prevents it being used else where. The GPL on the other hand is a strong copy left. If you link against GPL code, your code must also be licensed as GPL. This means the Linux copyright owners could sue the distributers of ZoL binaries, but Oracle could not. Oracle has the power to allow their ZFS code to be relicensed as GPL, removing this road block, but they have no incentive to do so.