I think the position the OP takes is bogus. If Apple wants to look at Android source code, they can download it like everyone else. Google can put whatever closed, proprietary extensions it wants on actual devices, and while I don't necessarily feel that's in the true spirit of open source, the same rules apply to that that apply to Apple and the source code for iOS on the iPhone. If the Galaxy Nexus is specifically attacked in the dispute, and not Android in general, then the open sourceness of the majority of the code, which may or may not actually be running On the Galaxy Nexus, is unrelated.