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Control vs. Ownership
I think the issue of who owns the code is a red herring. Sun would appear to own the code under the terms of the CDDL.
However the real issue is "control" over the project. This is not made clear. Sun probably intended to allow non-Sun employees to sit as one of the controlling members, but they didn't intend to give up majority control.
Sun has to decide whether it is on a path of promoting the open source communities or merely just publishing source for commercial products. It would appear that Sun's real strategy is merely just to publish source and retain proprietary ownership.
I hope I am wrong about this.