Also, what if Google simply Open Sourced the small amount of Android that isn't already Open Source? The Linux community would surely embrace it, integrate the bits not in the mainline kernel that should be, and move forward.
This only changes things if manufacturers start making 'empty' phones and require users to download and install their own free operating system.
Furthermore, many of the patents cover the phones themselves and not just the software. So even if some version of Android was 100% patent unencumbered, the phone manufacturers would still find themselves in "negotiations" with the patent cartel.
Actually this is a very good idea. Phones could be sold with just a tiny 'installer' that downloads the OS directly from Google.
The first benefit would be that there is no software to sue the phone makers about. Microsoft, RIM and Apple would have to sue Google itself.
The second benefit would be that the phone uses stock Android, not modified with crapware.
The objections mostly deal with Android performing certain types of power optimizations that are detrimental to the mainline kernel.
So even if Google did "open" up android completely, it would represent a fork of the linux kernel instead of being "embraced".
The only alternative is to give the linux devs free rein to change Android and rebrand it (since you can't use the android moniker).
[1] Video: http://free-electrons.com/blog/elc-2010-videos/ [2] http://www.kroah.com/log/linux/android-kernel-problems.html