There is no 'modern' ZFS-like fs in Linux nowadays.
There is no 'modern' ZFS-like fs in Linux nowadays.
I obviously have nothing like inside knowledge, but I assume the reason there have not been lawsuits over this, is that whoever could bring one (would it be only Oracle?) expects there are even-odds that they would lose? Thus the risk of setting an adverse precedent isn't worth the damages they might be awarded from suing Canonical?
The code in OpenZFS and Solaris has diverged after Oracle closed OpenSolaris.
Diverged. Not rewritten entirely.
Yes. Oracle have that copyright.
That's the whole fucking point.
Anything from before the fork is still licensed (and pretty much everything after) is still under the CDDL which is possibly in conflict with the GPL.
The CDDL being unacceptable is the same issue that GPL3 or Apache is unacceptable - unlike GPLv2, CDDL mandates patent licensing as far as the code is considered.
Unlike the GPL, the CDDL (and MPL) has an opt-out upgrade clause and all of OpenSolaris (or more accurately, almosf all software under the CDDL) can be upgraded to "CDDL-1.1 OR CDDL-2.0" unilaterally by Oracle even if they do not own the copyrights. See section 4 of the CDDL.
1) Making CDDL compatible with GPLv2 puts everyone using CDDL code at mercy of Oracle patents
2) OpenZFS is actually not required to upgrade, and the team has indicated they won't. So you end up with a fork you need to carry yourself. Might even force OpenZFS to ensure that it's specifically 1.0.
Ultimately it means Oracle can't do much with this.
1) They could just adapt MPL-2.0, which provides GPLv2+ compatibility while still providing the same patent grants.
2) The upgrade is chosen by downstream users. The OpenZFS project could ask individual contributiors to choose to license their future contributions differently but that will only affect future versions and isn't a single decision made by the project leads. I don't know in what context that discussion was in but given that the have not already opted-out of future CDDL versions kind of indicates that they can imagine future CDDL versions they would choose to upgrade to.
Also, OpenZFS is under CDDL-1.1 not 1.0.