Torvalds had previously stated that he had no intention of moving the Linux kernel from version 2 of the GPL to the forthcoming version 3. His distaste for GPLv3 had mellowed following the publication of the last call draft.

Responding to a question on the Linux Kernel Mailing List, Torvalds wrote: I was impressed in the sense that it was a hell of a lot better than the disasters that were the earlier drafts. I still think GPLv2 is simply the better license.

If that does not sound like a vote of confidence, he added in a later post that Sun releasing OpenSolaris under the GPLv3 might swing his vote. If Sun really is going to release OpenSolaris under GPLv3, that may be a good reason, he wrote. I don’t think the GPLv3 is as good a license as v2, but on the other hand, I’m pragmatic, and if we can avoid having two kernels with two different licenses and the friction that causes, I at least see the reason for GPLv3.

As far back as January 2006 Sun’s then COO, and now CEO, Jonathan Schwartz, discussed the potential of Sun using GPLv3, with one potential advantage being more efficiency and cross-pollination between Linux and OpenSolaris.

While the Linux Kernel Mailing List continued with thoughts about what Linux code Sun might want (its drivers) and what OpenSolaris code Linux could use (XFS file system), Torvalds appeared to upset the apple cart with a post that doubted Sun’s commitment to sharing.

So they want to use Linux resources (especially drivers), but they do not want to give anything back (especially ZFS, which seems to be one of their very very few bright spots), he wrote. Maybe ZFS is worthwhile enough that I’m willing to go to the effort of trying to re-license the kernel. But quite frankly, I can almost guarantee that Sun won’t release ZFS under the GPLv3 even if they release other parts. Because if they did, they’d lose the patent protection.

Somebody alerted Schwartz to this slight and he was quick to hold out an olive branch, with a promise not to hold anything back from Linux, as well as an interesting invitation. From where I sit, we should put the swords down – you’re not the enemy for us, we’re not the enemy for you, he wrote. Are we after your drivers? No more than you’re after ZHS or Crossbow or DTrace – it’s not predation, it’s prudence. Let’s stop wasting time recreating wheels we both need to roll forward.

We want to work together, we want to join hands and communities – we have no intention of holding anything back, or pulling patent nonsense, he insisted. And to prove the sincerity of the offer, I invite you to my house for dinner. I’ll cook, you bring the wine.