this post was submitted on 18 Oct 2023
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Privacy
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Their license allows you to modify it, just not to distribute your modifications. For now.
By the strictest technical definition of the term open source I agree with you.
But in the cultural zeitgeist it is not open source and that it can't be used by other projects, people can't tinker with it and improve it downstream, if this company goes out of business the source code dies with it. At least legally.
The Microsoft Windows source code is available, if you sign an NDA, and it's been leaked a couple times online. So if you really want to, Microsoft Windows is source available with some hurdles. But I wouldn't consider it open source - mostly because it cannot contribute to the ecosystem evolving.