The public interface exposed to Windows drivers is _much_ more shallow than the public interface exposed to Linux and Solaris/Illumos modules. Not coincidentially, the Windows driver exports overlap a lot with the interface that Linux allows for usage in proprietary drivers.
Instead, KVM uses a lot of hooks into the kernel innards (into the scheduler, into the MMU, etc.) that are marked as EXPORT_SYMBOL_GPL in the Linux kernel, and the Illumos port does use some of the same hooks.
I am not a lawyer, so I don't have any clear answer. I also work for Red Hat, so even if I had one I would not want to say it (should not say it). But the licensing question is _not_ an idle question.
Also, the licensing question does not detract anything from the awesome work of these guys.
In the meanwhile, just thank whoever said that GPL-incompatibility was an explicit design goal for the CDDL.
Oh come on. Again: if anyone has placed doubt on it, it's whoever chose CDDL because it was GPL-incompatible. All I'm saying is the question is not idle. If it was so clear-cut, it would not have popped out in 3 out of 3 places where I read about KVM/Illumos (your blog, LWN, HN).