Dual licensing is something that the OpenSolaris community is very strongly against -- in part because dual licensing creates the possibility of a license-based fork.
No, it doesn't. Even if there were a GPL-only fork, SUN could simply use the GPL code in its CDDL products, under the "legal arguments don't matter" approach that you advocate. After all, they are both free software licenses.
Or does the shoe pinch on the other foot?
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