Source is GPL, or ASF?
@Do Not Fold Spindle Mutilate err, you've got the whole thing backwards. Is the original code GPL of ASL? If it's GPL, then why is the Google code under the ASL?
It's ironic that you use the "fail" icon, because you've failed completely in understanding the problem: you can't just take GPL code and slap an ASL on it. If thats what Google did, if, as your statements indicate happened, then the code is really GPL. When you remove the GPL boilerplate bad things happen.
Once you break the conditions of the GPL, you lose patent protection as well. That's, basically, Oracle's argument. You may think you're supporting Google, but your argument *actually* supports Oracle's contention: that the code was copyrighted. All Google had to do was to keep the GPL boilerplate and there wouldn't be a problem.
Which raises the bigger question, of why Google didn't just fork OpenJDK -- much easier. However, any such fork would, naturally, be under the GPL and *not* the ASL.
I think this is just a case of a business (Google) deciding that the ASL is preferable, and then a mix-up. However, the facts, as you present them, make that a really expensive case of copyright infringement (and patent, as well, because when you drop the GPL you lose patent protection).
Penguin for the GPL :)