Now that ZFS is available on Ubuntu and seems to have some adoption, I guess it's a reasonable choice for some. I'm still a bit iffy on it. I don't really want to add license concerns to my list of worries.
Another issue is that you should always get software like your filesystem from your distribution. We do a lot of work making sure that your systems can be safely updated, and making sure that upstream bugs are fixed for our distribution. Even community distributions put a lot of effort into that work. As someone who works on maintaining a distribution (I work for SUSE and contribute to openSUSE), I would guess that most people underestimate how much work you need to devote to maintaining the software in a distribution.
Again, with usage this isn't a problem, the license could only possibly be broken by distribution with the GPL. Even then, I believe it is the GPL that is broken, so the patent clause would remain.
As for the rest of your argument, the OpenZFS team does a lot of work maintaining the filesystem. Why does that work need to come from you?
Integration into our tools, backporting fixes, doing release engineering, tracking upstream changes, triaging and resolving distribution bug reports, documenting usage and troubleshooting, configuring defaults and best practices, a whole lot of testing, etc.
As I said, there's a lot of work that goes into a distribution (I probably haven't covered most of it) that most people don't think about. And that's assuming that a distribution is going to be passive about something as core as a filesystem -- which we wouldn't be. So we'd be working with upstream on development as well, which is more work. So saying something like "it's supported on distribution X" when that distribution doesn't even provide official packages for it is a massive stretch. It might work on distribution X, and you might provide independent ISV-style support for it, but it's not supported by us.
I appreciate that the sort of work distributions do isn't well-publicised (mostly because stability is hardly a sexy thing to blog about, and we don't rewrite things in JavaScript every weekend). But there is an incredible amount of work that goes into making distributions work well for users, and there's a reason that many distributions have lasted for so many years (there's a need for someone to do the boring work of packaging for you).
Generally speaking, courts would probably give me the benefit of the doubt if I had no reason to believe that they couldn't distribute it to me - but as I knew they couldn't (the issues with ZFS and the Linux kernel are well-documented), and I knew I'm using it, they'd probably hold me in violation of copyright.
If you somehow knew that any form of distribution was illegal that would be the case. I haven't heard anyone saying that's the case, distributing it bundled with GPL software is potentially breaks the GPL.
There is a grey area in distribution, there isn't one about using ZFS. Even the FSF, the group who believe the CDDL and GPL can't be distributed together, say "Privately, You Can Do As You Like."
https://www.fsf.org/licensing/zfs-and-linux