[nocman]

> I think government examples are relevant. Governments can haul you into court for fraud, for one thing. And they typically try to define things based on widespread understanding.

I never said that the OSI's definition of "open source" wasn't widely held. My argument is that it isn't the only widely-held definition. And I still don't find the government's use of the OSI definition to be particularly relevant - in terms of there being multiple widely-used definitions. It is just an example of one of them.

> in my experience many of the people who misuse the term "open source software" (OSS) to identify something that is NOT OSS are expressly trying to deceive

It has been my experience that most people who use the term "open source" to refer to source-available software are not trying to deceive anyone (although, I am aware of some examples where that has happened). They just haven't dealt with the legal details, and are mostly unaware that a different large group of people attach a lot more meaning to the term than they do.