Openshift Virt is fully open source under a BSD license, so you now have legal options to move to a competitor or even manage it yourself (although I wouldn't recommend the latter, even I don't manage OSV myself).
No one is arguing that upstream Kubernetes pieces aren't open source. OpenShift is not open source. If it was, why does RedHat sell licenses for it, gate the binaries, and not share the byte-for-byte reproducible sources for said binaries?