this post was submitted on 18 Oct 2023
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I would say that Open Source, by any definition of the word, does have the assumption that you are allowed to modify and publish what you create at least in some form or another, even if it would be under a non-commercial clause or a license with other requirements.
When the licence explicitly says all you are allowed to do is access the code "solely for the purposes of review, compilation and non-commercial distribution", that's not open source.
I'd say that is open source. But not free and open source