Comment by grapheneos

Permissively licensed open source code is open source code. Firmware on a secure element can be open source without it being possible to replace it without the signing key on a production device.

German courts are not bound by precedent in the same way as US courts and you're referring to a specific case in Germany which cannot be broadly applied.

AOSP ships a lot of GPLv2 code (Linux kernel and OpenJDK libraries among other components) but doesn't use GPLv3 for multiple reasons.

AOSP used to use a lot of GPLv3 code as part of the toolchain for building AOSP but that was replaced with LLVM, ToyBox and other permissively licensed projects.