I guess you're talking about Honeycomb. The kernel source continues to be out there, as it should, and though the rest of it has not been released, Google has declared that Ice Cream Sandwich will be open source. Honeycomb seems to have been a rushed job to compete with the iPad, and too buggy for wider use; it seems that Google fears Android's reputation will suffer if they release it to non-approved manufacturers.
But I thought this is what the Apache license is meant to guard against. It does not permit use of trademarked names (without explicit permission). Android is trademarked by Google. So third-party distributors, if not approved by Google, are not allowed to call it Android. So why not let them have Honeycomb, but make them call it something else?