In this specific case, the files were under the CDDL, which is copyleft. The only thing that Sun did that was not allowed by the license was to remove the copyr

In this specific case, the files were under the CDDL, which is copyleft. The only thing that Sun did that was not allowed by the license was to remove the copyright notice. Had the scripts been under GPL, nothing would have been different. Anyone can sell GPL software, as long as they allow access to the source code and allow further motification and redistribution.