Earlier quoted context omitted.
You missed that you will be arbitrarily denied the ability to actually run those tests if you're trying to make a true open source implementation - see Apache Harmony.
The TCK has been open sourced, since then. However, I think only for GPL implementations, see details at http://openjdk.java.net/groups/conformance/JckAccess/
That doesn't sound like an open source license at all - you have to submit a form to Oracle and they'll decide whether you get a copy or not.