Of course the argument to be had here is OpenZFS lives completely independent of the Linux kernel, it runs on Illumos and FreeBSD and the availability of a Linux kernel module in no way makes or breaks the project. As such, is it a derived work since it is not dependent on the Linux kernel to exist?<p>This is the argument the Illumos developers make about including the GPL&#x27;ed KVM code, KVM does not depend on Illumos to exist, as such does loading the KVM module into an Illumos kernel constitute a derived work?<p>Conveniently, this is also precedent that could be set during the VMWare case the SFC is also perusing - we could either see ZFS relegated to being available anywhere but Linux and binary kernel modules totally banned (bad for nVidia, good for AMD), or a total change in the landscape of open source licensing (for better or worse).