Anyone can sue for anything, no matter how baseless. But the easy defense is the CDDL said, in writing, that the developer had a license against patent infringement from Sun. It's really that simple, there's no conspiracy from Sun to trap developers.
And what's with all this garbage about a fork anyway? It's meaningless to the discussion. Red Flag Linux is not a fork, it is merely a distribution. Even if in some bizarro world you were right about the patent risks of forking, the Chicoms don't need to fork in order to release their own branded version of Open Solaris just like Red Flag.
As I told you, Sun is actively promoting this in China, trying to overturn Linux in that market. You like Open Solaris, but think Linux is communist. Hypocrite.
If Microsoft took Open Solaris and released it with a few changes and stole a lot of their business you boys would have a caniption
No problem at all as long as they follow the license. Free is free for anyone that agrees to abide by the license, including Microsoft, including China, including Free Republic and DU (both of which run on free software under at least two different open source licenses).
An OSI-accepted license (thus can be called "open source") cannot discriminate against specific people or groups of people, nor can it discriminate against specific uses of the software.
We've already been over this, the Chinese aren't interested in Open Solaris since it's beta code and not all of it is open.
You like Open Solaris
Not really, it's only beta code, which I don't care much for. Unstable, constant upgrades, etc.
An OSI-accepted license (thus can be called "open source") cannot discriminate against specific people or groups of people
Baloney. Stallman's new GPL license is being specifically crafted to prevent Tivo from using GPL code in their systems, in the manner they are currently doing so. And as you've already admitted ~75% of all open source uses GPL.