APIs, header files, definitions, 1+1=2
The point of Linus' comments, asw I see it, is that Oracle owns the pre-forked ZFS APIs, header files, whatnot. As Oracle owns the Java programming language APIs. If Oracle can screw up Java so thoroughly by launching stupid law-suits against one of the Java language's greatest users, what's it going to do once OpenZFS gets embedded into Linux? The *BSD and OpenSolaris OSes are minor players in comparison to Linux, which is now one of the biggest OSes in the market (rightly or wrongly, I couldn't care less: I could do without some of the later additions, but it works for me.).
In theory someone could take the data definitions and data structures and write a compatible file system clean-room from scratch, but that's not going to help much if even data defintions and data structures are litigated as "copyrightable" and a judge is stupid and ignorant enough to agree. Of course, it'll sink the *BSd and Opensolaris, but does anyone think Oracle cares?