On the question of who has the power, Oracle is not the only copyright holder. Red Hat has been a significant contributor to OpenJDK and IBM has signed a deal with Oracle to be a contributor as well. If I get a piece of code from any author under the GPL license, all the terms stand and while the copyright holder can license the code under other licenses if they want to (assuming they retain copyright to all of the codebase atleast in a shared manner), they cannot take away the rights granted to me under the GPL retroactively and this included any patents rights as applicable to the codebase. Whether derivatives can infringe on additional patents is a entirely different question but whatever patents are applicable to standard Java specs, I have a license to use them regardless of the TCK and if I use OpenJDK without modifications, the TCK patent grant is applicable as well. If you don't share this perspective, we have a disagreement on what the implications of the license is and we will have the let the court sort it out when it happens. I am going to continue to consider OpenJDK as fully free software under the GPL license.