In the sense that it would be perfectly legal for them to include Apache v2 licensed code? What in the world would restrict them from doing so? They can include

In the sense that it would be perfectly legal for them to include Apache v2 licensed code? What in the world would restrict them from doing so? They can include Apache v2 code, GPLed code, proprietary code, any code they want, really. Their goal however is to build an OS that can be used under the terms of a BSD-style license similar to Debian's goal to build an OS that is "free."