Earlier quoted context omitted.
Was it not open source at that point?
It was! And Apple seemed fine with including DTrace under the CDDL. I’m not sure why Apple wanted some additional arrangement but they did.
At the time that NetApp filed its lawsuit I blogged about how ZFS was a straightforward evolution of BSD 4.4's log structured filesystem. I didn't know that to be the case historically, that is, I didn't know if Bonwick was inspired by LFS, but I showed how almost in every way ZFS was a simple evolution of LFS. I showed my blog to Jeff to see how he felt about it, and he didn't say much but he did acknowledge it. The point of that blog was to show that there was prior art and that NetApp's lawsuit was worthless. I pointed it out to Sun's general counsel, too.