Sun Microsystems is expected to release Solaris as open-source software Tuesday, a centerpiece of the company's plan to regain lost relevance and fend of rivals Red Hat, IBM and Microsoft.
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You can reuse/reimplement Suns code and patents as long as
you release it as a derivative work under the CDDL. Read the
FAQ.
Taking Open Solaris and effectively copying it is still patent
and/or copyright infringement.