Apache tried that game for many years. Work *within* the JCP, and as a member of the EC. Apache *has* made many useful changes to the JCP and how it operates. But even with all that, it hasn't produced the JCK without an FOU clause.

At some point, enough is enough. The Apache brand name cannot continue to be associated with a sham.

Exactly. The Apache license provides freedom for developers to work with the code (pretty much) however they wish. It does not provide freedom to end-users (like copyleft/reciprocal licenses do; such as the GPL). HTC and T-Mobile are well within their rights to do something like this. It's uncool, but it is not a violation.

... Braveheart.

You struck gold on #3. If you don't work at Mozilla Corp, then you have a LONG, HARD road ahead of you to get changes in. Much less an architectural revamp to enhance security and speed.