Which one will? You can't bring a lawsuit unless you have standing. Does Oracle want to sue? I kinda doubt it: if they did, they would have done so by now. Is the Linux Foundation going to sue? Why would they?
Who exactly would stand to gain from keeping ZFS out of Linux, and would be willing to spend a ton of money on legal fees to do this?
Who exactly would stand to gain from keeping ZFS out of Linux, and would be willing to spend a ton of money on legal fees to do this?