On Monday, June 29, 2020, John M. Harris Jr <joh...@splentity.com> wrote:

> On Monday, June 29, 2020 9:26:09 AM MST Matthew Miller wrote:
> > On Sun, Jun 28, 2020 at 09:59:52AM -0700, John M. Harris Jr wrote:
> >
> > > > We cannot include ZFS in Fedora for legal reasons. Additionally, ZFS
> is
> > > > not really intended for the laptop use case.
> > >
> > > Has that actually been explored? How does Canonical get around the
> legal
> > > issues with OpenZFS' licensing?
> >
> >
> > I can't really speculate on Canonical's legal stance and I encourage
> > everyone else to also not.
> >
> > I can point to Red Hat's, though: the knowledge base article here
> > https://access.redhat.com/solutions/79633 says:
> >
> > * ZFS is not included in the upstream Linux kernel due to licensing
> > reasons.
>
> > * Red Hat applies the upstream first policy for kernel modules (including
> >   filesystems). Without upstream presence, kernel modules like ZFS cannot
> > be supported by Red Hat.
> >
> > and "due to licensing reasons" links to
> > https://sfconservancy.org/blog/2016/feb/25/zfs-and-linux/ which is quite
> > interesting and quite long. If you have just time to read one section,
> the
> > two paragraphs at the end under "Do Not Rely On This Document As Legal
> > Advice" seem like the _most_ interesting to me.
>
> I've both read that page, and linked to it further down in this thread.
> Yes, I
> believe that Canonical's implementation is a GPL violation, but it doesn't
> need to be. So long as the source is in a separate package, and it's
> packaged
> as a kmod, it wouldn't be a GPL violation. It's worth considering, in my
> opinion, whether or not it'd be available for RHEL. It wouldn't be the
> first
> package RHEL doesn't have, but Fedora does. :)
>
>
>
That's not how the GPL work - using that argument you can link anything to
a GPL only library as long as it is in a separate source tree (which is
mostly the case).

It's either a derived work of the kernel and thus is bound by the GPL
restrictions or it isn't. Does not matter in which tarball or rpm or
$whatever it is in.
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