> Google being seriously attacked on here for have an open source path as well
It's not because Google has open sourced Android (which they _had_ to because of the GPL used by Linux). The fine is for protecting their own marker by blocking others from using that open source software.
Minor nit: Google didn't have to Open Source the whole Android because of Linux; Linux is just one of many components, and Linux' license doesn't apply to the rest of the software there.
This is always an interesting problem of definition and separation. If all the things google claims are absolutely essential and inseparable as part of 'Android' the license could well be interpreted as requiring them to open source all of it. If, on the other hand, these are all separate pieces of software and not totally dependent to deliver the end 'experience' then that contradicts some of Google's legal arguments.