The definition of a derived work is actually much more crisp than you are making it out to be -- and it is simple fact (and not opinion) that illumos is not a derived work of our KVM module. Indeed, this issue is so clear-cut and your objections so unfounded that this is beginning to sound like you are deliberately trying to place doubt over the legality of our work. So as long as we're playing Pretend Lawyer, consider your employer and look this one up: tortious interference.
> this is beginning to sound like you are deliberately trying to place doubt over the legality of our work
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).