Do you know if the Cobalt Migration Utility is/will be open sourced?
Well, as far as being 'open sourced' it already is -- it's just some Perl scripts. As far as being released under an 'open' license like BSD, which allows you to make modifications and resell it without having to make all your changes available like the GNU GPL does, I have no idea.
From a technical standpoint, Jeff Bilicki could probably answer better than I have. From a legal standpoint, your guess is as good as mine. I don't know who's left at Sun to fight for anything being released. And I don't know if Sun would spend the money to 'scrub' any more code and go through the process of releasing it. I hope so, but nobody really knows...