They said that the definition of open means being able to use git with the source code of Android. And freedom. This is no longer the case, they changed direction. Now carriers need to talk to Rubin and tell him what their plans are.
They said that they want to acquire patents to prevent companies to sue them. Unless they change idea, as with the aforementioned.
Then you're right, everybody has to agree with part I cited from Marco, since when they sue you, it's not in everyone's best interest. Everyone but you, at least.