Sun has posted a new draft of their openjdk trademark license. If I read it correctly, it basically says you’re OK to use it as long as it is the ‘vast majority’ of the code is the same as the official codebase. The ‘vast majority’ language seems like a reasonable compromise, allowing the copyright license to have effect for the most common uses (small bug patching, build fixes, porting, etc.) while still preventing completely egregious uses of the mark.
[Was posted some weeks ago, but my brain has turned to mush, so I’m going through old email to pick off low-hanging fruit instead of doing the hard, important stuff, so here it is.]