[zeddez]

There is a difference between direct and indirect patent infringement. Google provides the Android source, but the companies that are being sued are directly infringing by selling and distributing products based on these patents. http://en.wikipedia.org/wiki/Patent_infringement_under_Unite...

Google naturally has the choice to indemnify Android distributors and protect them from patent infringement. Google chooses not to do this, presumably because they do not want to expose themselves to the costs of direct patent infringement.

[gillygize]

Does the Nexus One or Nexus S blur this line at all? In that case, it seems like Google is doing more than simply making the source code available. Those phones actually carry its brand.

[kenjackson]

Microsoft has a deal with Samsung already in place. See: http://news.cnet.com/Microsoft%2C-Samsung-in-patent-swap-dea...

the software maker specifically notes that the deal will allow Samsung to offer products using Linux without concern that Microsoft will sue it or its customers.

And another deal with HTC. http://www.androidguys.com/2010/04/28/htc-pay-microsoft-roya...

So both of those phones are covered.