The CLA is actually what initially prompted the illumos fork even before Oracle closed the gate.
Joyent initially had a CLA on Node.js for business reasons that (as far as I know) everyone in engineering disagreed with. When we were finally able to make Triton (née SmartDataCenter) open source we also eliminated the CLA for node.
We now have contributions from many people under the MPLv2 in Triton, and we are no longer the exclusive copyright holder which means that it is pretty much impossible\* for Samsung to close it again.
* We would have to either rip out all those commits or get every contributor to either relicense or assign copyright to Joyent.