Disclaimer: I'm not a lawyer, and I speak only for myself.
Geir: Today, the Apache Software Foundation sent an open letter to Jonathan Schwartz, CEO of Sun Microsystems, regarding the ASF's inability to acquire an acceptable TCK license for the Java SE TCK (also called the "JCK") in over 7 months of trying.Roughly speaking, JCP standards are supposed to be open, or, at least, many of us contribute with that expectation. The JSPA, the standard agreement every JCP member signs, prohibits restrictions on standard-compliant implementations.
Since the JSPA doesn't allow restrictions, Sun is trying to put restrictions on use of the final product into the license for the test suite. These restrictions would prevent Harmony from distributing their code under the Apache license, and Apache believes those restrictions violate the JSPA.
What's at stake? Much more than an open source JSE implementation: the JCP itself. My esteem for the JCP hinges on its openness; I hope Sun doesn't let me down.