Google's blog post on it (http://googleblog.blogspot.com/2011/08/supercharging-android...) makes bit of a deal of the DOJ defending "open source". However, as we've seen with Android 3.0, 3.1 and 3.2, Google has kept that source for itself and its select partners. Given that, I think your feeling is justified. It might not come to pass and I certainly hope it doesn't come to pass, but it is a worry. Google has already played the "the code will be coming, it just isn't ready yet" card with Honeycomb.