Per Slashbox--Android rules also say that phone versions of Android (that is non-Honeycomb) have to have cellular radios, so if it is a tablet, and has market, it can't be 2.x.
Quote:
According to the product description – which may well not be final, according to some reports – the Vox will also include Android Market access. That would imply it was running Honeycomb (since it would not qualify for the Market if it ran a smartphone version of Android but lacked a cellular radio among other specs) though the dedicated buttons for back, menu and home would seem to contradict that.
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I guess only time will tell...