I think we're actually agreeing on how open source software models work. I'm just acknowledging that what balances out the risk of giving up control is that there's an inherent inertia towards customers staying with you. If the inherent momentum was away, then no one would do it. And it's not so much a problem with facing competition, the problem is when someone takes the open product and gives it away for free, since their efforts are subsidised by some other revenue stream (like Google's advertising). In effect, they're leveraging one business into another. And that's a game that not everyone can play, especially not small players.
I've commented elsewhere that Sun should have known better. But they were probably busy fighting the last war, like everyone does. They were fighting Microsoft on the server and the desktop, and didn't realise the battle had shifted to the cellphone. They ignored Moore's Law, and lost.
I'm just pointing out that the legalities are less relevant. Sun's fate is less relevant. We should be concerned about the future of the open source business model, which I'm concerned that Google has fractured.
The cell phone market is now completely embroiled in litigation. Just about every company in that space is now involved in several patent lawsuits. It's going to be interesting to see what the outcome will be. Personally I believe in patents, but only when they follow the non-obvious, no prior art rule. But I can see why people are against them, when the are de facto not following the rules.