* Harmony is already a fork of java. But without the patent grant there is an unknown.
* ASF wanted to pass the TCK for the patent grant and wanted Oracle to get rid of the field of use related to the tck.
* Dalvik is using some of Harmony's code.
In order for it to be a fork, something has to get forked from the parent ... like the source code, or the standard.
Given the disappointment over closures and collection literals being delayed until java 8 there must be a temptation within the harmony camp to push ahead with these features and produce the version of java that many are clamoring for.