That's right, this is just the API, so I can compile an EJB against the interfaces, so it can be run in a container that provides the implementation. The .jar here is purely the interfaces that are part of the public spec.
Grant you may know better than I whom to ask within Apache. I would hold up Tomcat as an example of an Apache project redistributing Sun's J2EE API .jars, and see if whatever reasoning or agreement covered that covers us.
If there is any pushback, I am not too upset about removing the EJB API. It's EJB 2.x, versus EJB 3.x, and I am not clear if anyone uses it. It'd be shame to remove perfectly working code over licensing issues that likely aren't issues, but not a big shame.