Despite a great deal of behind the scenes effort, the Apache Software Foundation (ASF) has been forced to write an open letter to Sun Microsystems. This letter is regarding the inability of the ASF to obtain a version of the testing compatibility kit for Java SE, as needed by Apache Harmony, under a suitable license.
As the open letter details, Sun is attempting to avoid its contractual obligations from the JSPA, which is the legal agreement of the Java Community Process (JCP). This seriously places at risk the ability of the JCP to act as a truly independent open standards organisation.
Considerable efforts (over 7 months) have gone into trying to avoid reaching this point. It is hoped that now the issue is public, the Java community can bring to bear pressure on Sun to meet its contractual obligations quickly and amicably.
Further questions may be answered in the FAQ.
On this issue, Geir Magnussen Jr acts as the official ASF representative. I am speaking here simply to provide information.