Torsten Grote argued earlier today that the license agreement introduced with the Android 4.2 SDK has made it proprietary, but Steven J. Vaughan-Nichols of ZDNet disagrees:
This clause applies to the SDK binary, not the SDK source code files, and it has been around for years. The SDK source code, like almost all of Android, is covered by the Apache Software License 2 (ASLv2).
That’s interesting because this is refuted, as far as I can tell, by the first section of the license (emphasis mine):
1.1 The Android Software Development Kit (referred to in this License Agreement as the “SDK” and specifically including the Android system files, packaged APIs, and Google APIs add-ons) is licensed to you subject to the terms of this License Agreement. This License Agreement forms a legally binding contract between you and Google in relation to your use of the SDK.
“Android system files” is vague, but could definitely include the clauses in question, specifically 3.3 and 3.4.