Everything is open source, we mostly keep up with Linux development and upstream all of our patches but some take time so we have our own branch. Still entirely open source.
The fragmentation here was I think a Linus misstep - when the wake lock and other ideas came out some subsystem maintainers were fussing.
But code talks and talk walks, the android folks were solving real issues - so my own view would have been to be supportive of their efforts which were not insignificant.
