Earlier quoted context omitted.
ZFS is not user land. It's kernel code but without being in the kernel. So it has to be built separately and may not even be compliant with GPL (still has to be tested in court AFAIK). Linux's promise to not break userspace is just that, It can not be held responsible for code that should be in the kernel but does not play fair with the license.
It's not that it doesn't play fair. Sun published under a license that made inclusion in the kernel impossible thus the current developers are bound by the same decisions regardless of their opinion on the matter. Furthermore it is profoundly curious to claim that a cross platform filesystem that began life on Solaris and existed for years as a stable complete work before being ported to several OS including Linux be…
please don't confuse the source code and the resulting binaries. to the extent that the zsh source code does not derive from Linux, it is not a derivative work.
but the binaries built for Linux will necessarily be derivative of both.
and we regularly redistribute binaries; this indeed is what Linux distributions ordinarily do.
if you only write the bridging code and/or distribute the module source, you may be quite protected. but if you distribute a patch from the mainline to include zsh, or a mixed tarball of Linux+zsh, or even compiled Linux kernels complete with a loadable zsh module, you may be in breach. all of these clearly derive from multiple sources with incompatible licences.