GNU.org - "Within Android, Linux the kernel remains a separate program, with its source code under GNU GPL version 2. To combine Linux with code under the Apache 2.0 license would be copyright infringement, since GPL version 2 and Apache 2.0 are incompatible. Rumors that Google has somehow converted Linux to the Apache license are erroneous; Google has no power to change the license on the code of Linux, and did not try. If the authors of Linux allowed its use under GPL version 3, then that code could be combined with Apache-licensed code, with the combination could be released under GPL version 3. But Linux has not been released that way.Even the programs that are officially part of Android may not correspond to the source code Google releases. Manufacturers may change this code, and often they don't release the source code for their versions. The GNU GPL requires them to distribute the code for their versions of Linux, assuming they comply. The rest of the code, under the lax Apache license, does not require them to release the source version that they really use."

The Linux Kernel patches in Android are under GNU GPL v2, which manufacturers modify to make it compatible with their handsets. "Any vendor distributing binaries must also make the human-readable source code available under the same licensing terms." -- GPL section 3a and 3b. What Cherry Mobile is doing is a direct violation of the GNU GPL license.