And in addition to the general repository, the code could also be found in various source availability packages published by Motorola, LG and Samsung: http://fosspatents.blogspot.com/2011/01/android-device-maker... Dell and HTC left those files out.
Most of the confusion resulted from a very aggressive blog post by Ed Burnette, who runs a ZDNet blog that officially covers all sorts of software development topics but is overwhelmingly about Android evangelism. I'm an Android user, too; my blog is hosted by Google, and I use other Google services (even Buzz, really). But I'm skeptical of the IP situation concerning Android (and WebM, to be honest).