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Copyright law is copyright law. If you break the terms of the license, you are a pirate (copyright infringer). It doesn't make one iota of difference if the software is FOSS or not. Linking is linking.
So it is ok to break the GPL, but it is not ok to break the CDDL. Talk about hypocrisy here.
Nexenta should get of their arses and write cleanroom implementations of the GPL software they are linking. They should take the OpenBSD guys as an example. They put in the sweat to keep their systems under the license they prefer by rewriting software from scratch.