Ironically there was never any real legal threat. The whole world freaked out over one totally fabricated story by a rag like The Register and everybody thought Flight Recorder was somehow going to let Oracle sue them. In reality the "commercial features" were free for developer machines, test environments and production environments for "evaluation purposes." It was much more of a CYA thing then some imminent legal apocalypse. That said having it be free in OpenJDK is great.