I'm reopening this issue since I'm cleaning up the JSR3 list (where this would have been discussed) and in the process of doing so I've reconsidered...
As I pointed out earlier, there is no language in the current or previous versions of the Process Document that resembles a non-compete clause. Nor can I find any such language in the standard TCK license that Oracle publishes with its latest JSRs.
This seems to be a non-issue and I'd like to close it for good.
(The more general issue of what kinds of license should be used for RI and TCK will remain on the list for the future JSR.)