Even if it is saying it is CDDL - do not believe it until Oracle confirms it.
Only Truly Open source and CDDL code there is was Opensolaris OS/Net is Illumos project
- one can use and contribute to (and it is all legal - see Openindiana distribution).
Also it is not true that Oracle closed development of all Solaris11.
Os/Net consolidation (kernel and base OS - SunOS) they stopped releasing (That is where Illumos stepped up)
but rest of userland/software and consolidations is under open/free software licenses (GPL and others)
and that code IS open by Oracle after Solaris 11 release.
OpenIndiana is now Illumos (Open free OS/Net) + Packages of userland apps from Oracle + Openindiana own packages (+SFE package repository for newer programs)
So it is not true Oracle did not release anything in open after S11 release.
Just in present state this "leaked" release is unusable, unless Oracle say it is truly CDDL.