Actually there are other aspects concerning "freeness" of Android. For example, even if you replace the OS by a free one it isn't enough if the modem can be used to spy on you (e.g. if the modem can turn on the microphone or GPS without the user's approval). Here one can see a comparison of free devices taking into account such issues:
http://libreplanet.org/wiki/Group:Hardware/Freest/SmartPhone

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