I'd like to see what a judge has to say about this. I'm not convinced that there will be much distinction between the infringing works being in the binaries or

I'd like to see what a judge has to say about this. I'm not convinced that there will be much distinction between the infringing works being in the binaries or not. They are in the source tree and that is essentially part of the build process. What's more, the source tree is distributed to all Android manufacturers. Google are shipping the source code. I'm sure Oracle don't see it that way. What we should be talking about is how they got into the git tree in the first place.