How is Andy Rubin saying what is implied by their actions damning or a cause for concern for Android's partners? Everyone knew from the start Android was "doing

How is Andy Rubin saying what is implied by their actions damning or a cause for concern for Android's partners? Everyone knew from the start Android was "doing Java". So as Andy said, now they have to defend their decision. Just cause they knew Sun (now Oracle) may not like it beforehand does not make it an infringement.