Regardless of how the binary is shipped (which could be legal), their aggregation of the source is likely not, since it almost certainly is a derivative work at that point. The fact they have a public git repo where the two codebases touch is probably enough to bait a lawsuit from Oracle, in that they're distributing CDDL code in a way that is against its license.
There's a reason LLNL developed their branch out-of-tree - it's just not worth the legal headaches to aggregate the source like Canonical just did.
There's a reason LLNL developed their branch out-of-tree - it's just not worth the legal headaches to aggregate the source like Canonical just did.