"Grant of Copyright License. Subject to the terms and conditions
of this Agreement, You hereby grant to the Foundation and to
recipients of software distributed by the Foundation a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare derivative works of,
publicly display, publicly perform, sublicense, and distribute
Your Contributions and such derivative works."
That's fine as long as the Foundation is distributing the work, but from another comment by you:
"These files have not been published by Apache"
which leaves open the question of what distribution actually is in this case - I'd have thought that having the code in svn would count as distribution, but I'd also have thought it counted as publishing. It'd be straightforward for the ASF to make the situation completely unambiguous.