Everything I have read is that the cddl is not compatible with binary deployments of zfs on linux so actually wouldnt that mean yes they could press that if you bundled it with gpl? Actual lawyers have said yes it could which is what I am refering to, however I think the actual answer is that Oracle has created a latch by inaction on this subject for so long now.
CDDL is more permissive than gpl. It's not a violation of cddl to intermingle with code under a different license. GPL is the issue and it's the individual contributors to linux that _could_ sue.