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> Using an 8 month old version of the Android source is not the same as not having access to kernel code that is still being written. With the linux kernel you can access code as soon as it is committed to kernal.org, with Android you only get to see it after an entire new version of the OS has been released (and sometimes not even then). It is perhaps difficult to draw a solid line here, and pedants will complain that you don't have access to code that still only exists in Linus' brain, but there seems to be a pretty clear difference to me.

You're right, there is a difference. But the difference is one of process, and isn't really related to the openness of the software itself.




It very much is related to the software: Android 3.x is not open source because this 'process' has meant the code has not been released.




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