Apache should have known very well what it was getting into when it commenced the Harmony project. The TCK for the Java platform as a whole (excluding individual JSRs) was *never* free but rather licensed by IBM, Apple and others for a considerable sum. Apache maintains Sun changed the terms but I'm not convinced that beneath all the legal mumbo-jumbo regarding the JCP that there was clear agreement on a royalty-free TCK for Java SE.
I'm not condoning the actions of Sun/Oracle but the position should have been clarified and a specific perpetual binding agreement reached before a single line of code was written. Instead, development ploughed on *for several years* without an agreement - hoping Sun would 'come around' eventually.
Now the corporate backing has dried up, any independent contributors have the right to feel aggrieved. But aggrieved with whom? Did IBM and others ever negotiate with Sun on Apache's behalf for TCK-licensing before commencing development? If not, was it a wise decision for the Apache board to endorse a second clean-room implementation when GNU Classpath was well on the way, albeit with a non-Apache license?