[lowkey]

Notably the open source foundation tried and failed to trademark the term open source in 1999.

As such “by definition a NC license can’t be open source” is true only by certain definitions. Open source is a generic term, not owned by the OSI, despite the holy wars fought over it.

I realize my post is controversial and may spur vitriol from some. It is an uncomfortable truth for many.

[RobotToaster]

"Vegan" isn't trademarked either, but has a generally acknowledged meaning, just as open source has a generally acknowledged meaning of meeting the OSI open source definition.