It does matter if it doesn't address the claims of the case. Just because I copied your magazine article doesn't prove that I also copied your novel.
http://fosspatents.blogspot.com/2010/11/copyright-part-of-or...
http://docs.justia.com/cases/federal/district-courts/califor...
I'm not even sure how core those files are to running Android - it looks like they could easily be replaced by Google with new code.
However, to me, copyright infringement matters a lot more... If someone is getting free code then at least they could respect the LICENSE.