FreeBSD can use GPL code, legally. They just can't release the combined work under anything but the GPL, so they choose not to.I think the distinction is academic. In practice FreeBSD can use CDDL code, but not GPL.
And frankly I don't see the Linux people complaining about anything.
Every time some piece of Sun tech comes up on a nerd site or aggregator, a licensing flamewar erupts. No matter how cool or useful that piece of tech is, some twit beats the CDDL vs GPL horse once again. Typically this argument then dominates the discussion. Sometimes it's the only comment. Every time.
It's the ultimate manifestation self-entitled bike shedding, because the doers have more interesting things to do. What I find repulsive is that the doers have made cool blue Ferraris for free, and we have giftzwergs complaining that they aren't cool red Ferraris, which is demotivating for the people creating all this. How would you feel if you created something neat, gave it away for free, and were thanked with a wall of people complaining about your choice of OSS license?
I apologize if I come off unfriendly. It's just that I'm interested in the actual tech, and this noise is really growing old.