The issue of a fork could be worked out. Sun count agree to dual-license DTrace, and Linus and the other kernel developers could agree to dual-license all improvements to that code that are accepted into the internal tree. This would neutralize any legitimate fears on the part of OpenSolaris developers that the Linux side would take and not give. It might require some re-architecting to separate out common code, from code that is Solaris-specific or Linux-specific. But Sun would gain a larger developer community to help improve the code.
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