[CrimsonRain]

Or maybe some people are trying to blur the line between FOSS and OSS.

If source is publicly available, it is open source. Plain and simple; regardless of your legal ability to copy or modify.

[circuit10]

If I look up the definition of "open source", it says:

Definitions from Oxford Languages

open-source

denoting software for which the original source code is made freely available and may be redistributed and modified.

Emphasis on "may be redistributed and modified"