People don't complain about Ubuntu not *using* upstream, but not commiting to it how we would expect it from a big project like this, especially considering kernel-commits.
I was actually reffering to the critics that say they fork too much and must control every project. I agree on the commit side, even though I have no idea how much they do commit and how much would be considered acceptable. However, most open source projects are too loosesly guided, and most times, forking seems to be the only solution to achieve a coherent result. After all, if the project suceeds, it becomes the de facto standard, much like XFree86 and X.org.
What is funny is that people were complaining so much about they not sticking to upstream when they seem to be, just not to GNU upstream but CM, which by some people's metric has a larger userbase than desktop ubuntu maybe even WP.
I just hope canonical is able to do this one thing: to maitain the damn code for the supported devices. Obviously someone will release a dalvik VM to run on this and it will become every geeks wet dream.