The Apache Software Foundation must vote no on this JSR. While we support the technical contents of the JSR, and earnestly support the need for the Java platform to move forward, we cannot in good conscience vote for this JSR because :
a) This JSR's TCK license includes a "Field of Use" restriction that restricts commonplace and mundane use of independent implementations, a licensing element that not only is prohibited by the JSPA but also has been unanimously rejected by the majority of the members of the JCP EC - including Oracle - on several occasions. We can only speculate why Oracle included such an element, but we believe that an open specification ecosystem must be independent of - and protected from - any entity's commercial interests.
b) On process grounds, this JSR is in conflict with it's own TCK license. The JSR explicitly states that Java SE is targeted for, among others, embedded deployments. Yet the TCK license specifically prohibits such usages (for example, netbooks) of tested independent implementations. We find this to be a misleading legal trap for potential implementers, and believe that any independent implementation that passes the TCK should be able to be used and distributed under whatever terms deemed fit by the implementer.
c) The spec lead has ignored repeated requests from multiple EC members for and explanation of both a) and b)
d) The spec lead - Oracle - is in breach of their obligations under the JSPA by continuing to provide a TCK license for Apache Harmony under terms that allow Apache to distribute its independent implementation under terms of its choice. We do not believe that anyone that willfully fails to meet their contractual obligations under the JSPA should be allowed to participate as a member in good stating in the JCP. The rules apply to everyone.
While we understand that it's Oracle's stated intent to move forward irrespective of the EC's decision, we urge Oracle to fix the above-mentioned issues, and continue to work with the members of the JCP within the structure of the JCP to keep Java a vital and viable platform.