Having spoken to some Canonical folks involved in this discussion, basically it boils down to the fact that the SPL (Solaris Porting Layer, which converts Linux VFS APIs to Solaris ones for ZFS) is GPL licensed and that ZFS was developed entirely separately from Linux (and Torvalds has said he agrees with the latter point). It also helps that ZFS is free software.
Honestly I think their strategy is that it's very unlikely they'll get sued (not to mention the past 5-8 years of OpenZFS development was done without an Oracle CLA). IMHO the FSF is primarily against it because they think it might water down the GPL's effects.
Yes, but it's shipped as a separate kernel module (as in separate file) rather than built into the Linux kernel. As for the legality of this, it can really only be determined in court, which hopefully won't happen since I can't think of anyone who would want to prevent Linux from using ZFS now that Sun is gone.
It would be great if it could eventually be part of Linux mainline which would then allow it to easily be used on boot volumes as well. That would require dual/relicensing though, since Linus Torvalds have said that CDDL code will not be merged with mainline (most likey a result of consultation with Linux Foundation lawyers).
Oracle? I doubt they would, but I mean, it's Oracle.
The problem we have is Oracle also don't seem at all interested in maximizing ZFS either. So they'd quite happily see both die.
One can be aggressively litigating using ones IP while also letting the technology behind that IP die.
Considering btrfs isn't really going anywhere why would they not rather take the effort to relicense zfs than put any effort on btrfs if they have no bad intention with zfs?
Fixing zfs' situation surely can buy some mindshare for Oracle.
https://blog.ubuntu.com/2016/02/18/zfs-licensing-and-linux
Though FSF doesn't seem to support it.
https://www.fsf.org/licensing/zfs-and-linux
And a few HN posts regarding the Ubuntu's announcement.
https://news.ycombinator.com/item?id=11125063
https://news.ycombinator.com/item?id=11240402