Thats why it is called open source.
Don't confuse an open specification with an open-source implementation. Anybody can use the spec to implement Java, but to call it "Java", it needs to be certified by Sun, and license fees are involved. That has nothing to do with whether or not the implementation is open-source.
I don't think Java is open-source by any of the standard definitions or licenses. You're pretty restricted in what you can do with the source code, and parts of it (especially the native code and the tools) are not part of the JDK, although they are available under different licenses (which also are restrictive).
