> I mean to draw attention to aspects shared by two different things. Yes, I understand you meant to reason by analogy, and I told you that I think your analog

> I mean to draw attention to aspects shared by two different things. Yes, I understand you meant to reason by analogy, and I told you that I think your analogy is flawed. When you reason by analogy, perhaps you should be prepared for someone to say, "That analogy doesn't make sense in this context." Mostly because -- your analogy doesn't make sense in this context. One, is an actual damages case, and the other is statutory damages case. When we are strictly discussing damages, your comparison is an apples to oranges comparison. You said: >>> If you receive software under a license that is too restrictive for you, then there is always the option to pay the rightholder (sic) to grant you a more permissive license You suggest "there is always the option to pay the rightholder (sic) to grant you a more permissive license" and I'm saying that it's impossible in this circumstance? There is no one stop shop for the licensee. There is no 50 stop shop. In your scenario, where we are to imagine an incompatibility exists, you also imagine a theoretical alternative license would be relevant to a court. And I'm saying, just as relevant, is the actual impossibility of obtaining the consent of either all ZFS licensors or all Linux licensors. We've created effectively perpetually licensed software via our shared use of FOSS. And now one party we imagine saying -- actually these two works will be incompatible forever. You think a court won't think that's wild? More significantly, this entire line of argument has an angels on the head of a pin quality. The GPL and the CDDL are the licenses that have already been chosen by Canonical, because Canonical didn't, like you, read an incompatibility into this CDDL-GPL combination. So -- fair enough that Canonical didn't feel the need to cast about for some theoretical alternative license, if it doesn't feel that the CDDL and the GPL are incompatible. > I think the issue here is the use of CDDL licensed code As discussed -- I don't think it matters much how the code is licensed. If it makes it easier, imagine the CDDL sourced code is actually a closed source, proprietary filesystem. So -- Linux provides a module interface, but it could be any interface. Just as in Sega, IMHO even proprietary code can use GPL licensed code, which provides an interface, for the purposes of interoperability. Why? Because "fair use".