Open Source/Closed Standards and Sun

Kevin Bedell has posted an article pointing out that Sun is considering releasing code as open source while still requiring that it be compatible with a test suite that must be distributed as part of the code. This started with the following post by Bob Scheifler of Sun Microsystems on an OSI mailing list:
For my personal edification, and hoping this is an acceptable inquiry, I'd like to understand if and specifically how the following informal license sketch conflicts with the OSD. Any and all comments appreciated.
1. The licensed work consists of source code, test suite in executable form, and test suite documentation.
2. A derivative work in executable form that has passed the unmodified test suite can be distributed under a license of your choosing.
3. Any other derivative work can only be distributed under this license.
Any such distribution must include the unmodified test suite and test suite documentation.
One has to assume they are looking into this for Java, so they can “Open Source” it, but maintain 100% control over the API. Sun doesn't seem to get Open Source too well sometimes, and I don't think the community would take this one too well. What happens when the test suite has a flaw for example? What about when different revisions of the test suite have different bugs? What if Sun decides to take Java in a direction that the Java community doesn't like? This license would prevent you from forking and then releasing as Open Source. Even worse it would allow Sun to completely halt a feature they don't like by making it somehow fail the test suite. To me, this seems somewhere in between OSS and something like Microsoft's “Shared Source”. In this case though, I don't think it's going to be enough. Sun seems to be losing a lot of ground while they waffle on these issues. One has to hope they wake up before it's too late.
–jeremy