The point of the law suit is that Android doesn't give everyone the "choice" that they think. This is a story because Google says that they are unlike Apple and give everyone a choice, but they (allegedly) use their weight to force carriers to use Google software instead of theird party.
(Apple, for the record, doesn't do crap like this. You know up front that you need to join the mothership, and they clearly upfront about shutting you down as soon as you deviate.)
Basically, Google ain't no FSF.