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https://bugzilla.redhat.com/show_bug.cgi?id=466379
--- Comment #14 from Tom "spot" Callaway tcallawa@redhat.com 2008-10-29 15:54:17 EDT --- Well, there is a kernel module in this stack:
/lib/modules/2.6.27.4-61.fc10.x86_64/kernel/fs/fuse/fuse.ko
Sun is clearly working around the incompatibility between CDDL and GPL (one they explicitly created), but circumventing license incompatibility like this is not forbidden, in fact, it is almost certainly the main reason why the Fuse userspace is not GPL. In fact, they explicitly permit the scenario that Rahul is so concerned about in Comment #13: http://fuse.sourceforge.net/wiki/index.php/FAQ#Under_what_conditions_may_I_m....
There was never any requirement that any userspace code that leverages kernel code be compatible with the kernel license, for anything, otherwise, we'd have nothing but GPL compatible userspace. If it linked to GPL code, this would be a different scenario, but it does not.
Nevertheless, I bounced this issue to RH Legal to get their feedback.