This issue was first raised during the websocket jsr review as: http://java.net/jira/browse/WEBSOCKET_SPEC-2
Not withstanding the current claim that Section 4B of the JSPA 2 allows an "evaluation license to members of the EC", the wording of Section 4B does not explicitly name the Executive Committee:
B. Grants to Other Expert Group Members. You hereby grant to Member represented on any Expert Group on which You are also represented under Your applicable patents, copyrights and trade secret rights which You currently have or may acquire in the future a perpetual, non-exclusive, worldwide, royalty free, fully paid-up, irrevocable license to use Your Contributions for research and development purposes related to the activities of such Expert Group. Similarly, Oracle makes the same grant to You with respect to its Contributions concerning Expert Groups on which You are represented. These grants, from You to other Members and from Oracle to You, shall not include distribution to third parties of early access implementations of the Spec under development by Your Expert Group until the draft Spec has been released for Public Review.
This needs to be spelled out explicitly.
Further, in the interest of transparency, JCP members should be able to provide input on the validity of RIs and TCKs without the burden of having to become licensees of the technology.