Schilling, claimed that smake is an independent project and does not violate the GPLv3. Schilling also argued that even though the GPL requires all scripts required to build the work to be licensed freely, they do not necessarily have to be under the GPL. Thus not causing an incompatibility that violates the license. He also argued that in "combined works" (in contrast to "derived works") GPL and CDDL licensed code is compatible. Red Hat's attorneys have prevented cdrtools from being in Fedora or Red Hat Enterprise Linux, arguing that Schilling has an "unorthodox" view of copyright law that isn't shared by their legal counsel or the Free Software Foundation. ZFS in the Linux kernel In 2015, the CDDL to GPL compatibility question reemerged when Ubuntu announced inclusion of OpenZFS by default. In 2016 Ubuntu announced that a legal review resulted in the conclusion that it is legally acceptable to use ZFS as binary kernel module in Linux. (As opposed to building it into the kernel image itself.) Others followed Ubuntu's conclusion, for instance James E. J. Bottomley argued there can not be "a convincing theory of harm" developed, making it impossible to bring the case to court. Eben Moglen, co-author of the GPLv3 and founder of the SFLC, argued that while the letters of the GPL might be violated, the spirit of both licenses is unharmed, which would be the relevant aspect in court. The SFLC mentioned also that a precedent exists with the Andrew File System's kernel module, which is not considered a derivative work of the kernel by the kernel developers. On the other hand, Bradley M. Kuhn and attorney Karen M. Sandler from the Software Freedom Conservancy argued that Ubuntu would violate both licenses, as a binary ZFS module would be a derivative work of the kernel, and announced their intent to clarify this question, even by court. In April 2016, the Ubuntu 16.04 LTS release included the CDDL-licensed ZFS on Linux. Adoption Example projects released under CDDL: OpenSolaris (including DTrace, initially released alone, and ZFS) illumos (as OpenSolaris OS/Net, continuation project) and illumos distributions OpenZFS multi platform open source volume manager and file system NetBeans IDE and RCP GlassFish Payara Server JWSDP Project DReaM cdrtools OpenDJ See also Dual-licensing GNAT Modified General Public License List of software licenses References External links FAQ on CDDL on Open Solaris Site Copyrights, Licenses and CDDL Illustrated on oracle.com (2006)