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by kube-system 1715 days ago
OSI was not the first to use the phrase "open source". This phraseology was in commonplace use to refer to other types of publicly available material for decades prior to 1998, when OSI decided to use the term to describe software licenses.

One example from 1971: https://www.google.com/books/edition/United_States_Code/3j2P...

There are also other (quite valid) authorities on software licensing other than OSI which have differing opinions on which licenses specifically qualify.

For example: most people would probably agree that BSD was open source, despite OSI's lack of approval on its original license. And I hardly think thats 'harmful' in any way.

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Another problem with assuming that a non-commerce clause in the license automatically means software is not open source is that the US government defines commercial software as any software that is licensed to the public, which includes most open source software, even by OSI’s standards.

“in nearly all cases, open source software is considered "commercial software" by U.S. law, the FAR, and the DFARS. DFARS 252.227-7014 specifically defines "commercial computer software" in a way that includes nearly all OSS”

https://dodcio.defense.gov/open-source-software-faq/#Q:_Is_o...