Here's his reasoning: "honestly, there is no way I can merge any of the ZFS efforts until I get an official letter from Oracle that is signed by their main legal counsel or preferably by Larry Ellison himself that says that yes, it's ok to do so and treat the end result as GPL'd. Other people think it can be ok to merge ZFS code into the kernel and that the module interface makes it ok, and that's their decision. But…
> And I'm not at all interested in some "ZFS shim layer" thing either If there is no "approved" method for creating Linux drivers under licenses other than the GPL, that seems like a major problem that Linux should be working to address. Expecting all Linux drivers to be GPL-licensed is unrealistic and just leads to crappy user experiences. nVidia is never going to release full-featured GPL'd drivers, and even corpor…
It's less a think Linux can work on then a think lawmakers/courts would have to make binding decisions on, which would make it clear if this usage is Ok or not. But in practice this can only be decided on a case-by-case basis.
The only way Linux could work on this is by:
1. Adding a exception to there GPL license to exclude kernel modules from GPL constraints (which obviously won't happen for a bunch of reasons).
2. Turn Linux into a micro kernel with user-land drivers and interfaces for that drivers which are not license encumbered (which again won't happen because this would be a completely different system)
3. Oracle re-licensing ZFS under a permissible Open Source license (e.g. dual license it, doesn't need to be GPL, just GPL compatible e.g. Apache v2). Guess, what that won't happen either, or at last I would be very surprised. I mean Oracle is running out of products people _want_ to buy from them and increasingly run into an area where they (ab-)use the license/copyright/patent system to earn their monny and force people to buy there products (or at last somehow pay license fees to them).