You can only license what you own. As the court ruled that Oracle owns the copyright on the Java APIs, it is not enough to follow the terms of the Apache license, but also of the Oracle license. The APIs were released under two licenses (relevant to Android) -- GPL and a commercial one. Google chose neither. At that point, you are still free to use the APIs just under Harmony's license, provided that your use is fair use of the Oracle-copyrighted code. The court ruled that Google's use was not fair use, as it met none of the conditions required (e.g. it was not meant to be interoperable with the Java APIs). So this does not mean that Harmony is in violation, only that Android's particular use of Harmony is. In fact, Harmony very likely is fair use because, unlike Android, it is intended for interop.