Posted by: Anonymous
on June 20, 2008 02:00 AM
ZFS should be able to exploit a better legal 'loophole' - it is arguably not a "derived work" of the linux kernel. It existed first as part of Solaris and its development had nothing to do with linux.
There is nothing in the GPL (v2 at least) - that I am aware of anyway - that states that the kernel code is sacred (GPL only) and user code is open slather. That concept has been fabricated and has no _provable_ basis.
I believe that ZFS would _not_ be a derived work of the linux kernel - in the same way that a car is not a derived work of a tyre. ZFS requires and uses the kernel and its interfaces, but it was developed independently from linux and not derived from it in any meaningful way.