Well, it depends if the CDDL has been stripped off the files or not. If the CDDL has been stripped off and replaced with anything that denotes that the source

Well, it depends if the CDDL has been stripped off the files or not. If the CDDL has been stripped off and replaced with anything that denotes that the source is now a trade secret, then yes -- it's stolen IP. But if the CDDL is still there, the situation will be murky, and I would hope that Oracle would clarify it one way or the other. Remember, this is not simply a proprietary system, it's a system (1) that was open source not very long ago (2) that was closed without a public announcement of any kind and (3) for which an internal commitment was made to make the source code available after Solaris 11 shipped. [1] Point is: this isn't SCO by a long shot. [1] http://smartos.org/2011/12/15/fork-yeah-the-rise-and-development-of-illumos-2/ http://smartos.org/2011/12/15/fork-yeah-the-rise-and-develop...