Oracle sells the test kit.

Sure, you wouldn't want to share the answers to the drivers license exam...are you saying that they should sell the answers instead? What the actual fuck?

This is a terrible analogy. We're talking about an automated test suite for verifying that a piece of software conforms to an established specification, not a skills assessment for humans.

Compare it more, perhaps, to housing codes. . . and imagine if the specification of the housing codes were covered by an (at least ostensibly) democratic process, but the actual housing inspectors all worked for one company, and that company also happened to be the biggest player in the construction business. So the inspector therefore had a clear incentive treat outside construction firms with less than complete fairness.