No, Ubuntu's phone efforts refused to take a stance of promising open-source drivers (because they didn't care about solving this problem for their users, they

No, Ubuntu's phone efforts refused to take a stance of promising open-source drivers (because they didn't care about solving this problem for their users, they just wanted to be a phone OEM). Whether the kernel has the Android patches or not isn't the important factor; it's whether the device drivers (kernel and userspace) can be maintained by the community.