You have said this multiple times on this thread now, but in addition to how the OSI getting to unilaterally define the technical definition of "open source" being controversial even within the software engineering community, you really need to be looking at the definition of words "descriptively" and most people seem to put even "shared source" (look but don't touch) models as subsets of the class "open source".
Regardless: Copilot doesn't only pick up "open source" code... it picks up any code that has been published under any reason including the large amounts of code that is on GitHub without any license at all or which was literally stolen and leaked onto GitHub.
Meanwhile, even open source licenses have restrictions, whether they be "you can't use my work without agreeing to contribute back your work to the collective", various forms of automatic patent grants and associated retaliation clauses, or merely "you have to credit me", a simple limitation almost all open source software comes with which Copilot launders away.
> the OSI getting to unilaterally define the technical definition of "open source" being controversial even within the software engineering community
I don't think this is controversial? The OSI defined the term when they introduced it, in the late 90s. When Microsoft came out with "shared source" there was a huge amount of pushback from people saying "don't think that this is open source" (ex: https://www.linuxjournal.com/article/5496)
> Copilot doesn't only pick up "open source" code... it picks up any code that has been published under any reason
I agree. I'm not defending Copilot, and I think the legal questions here are interesting and tricky. My pushback here and throughout this page has been when people say non-commercial licenses are open source -- this thread started with kuon saying "I have a lot of open source code that I love to share for things like education or private stuff, but if you want to use it for something real, you need to hire me"
> it picks up any code that has been published under any reason including the large amounts of code that is on GitHub without any license at all or which was literally stolen and leaked onto GitHub.
You are stating a rather arbitrary assumption of yours as a fact, unless you have concrete sources or evidence.
This is the gist of it. I do not agree with OSI definition of open source but I won't argue about it here.
There are many OSI approved licenses with restrictions on use, like "your software must also be open source" or "contribute back your changes" or "give me attribution"...
> My definition of "open source" is that the source code is publicly available. That's it.
If I defined "open source" to mean that changes the source code must be released publicly, it's going to be pretty hard for me to talk to all the other people who already use "open source" to mean something else. There is already a standard term for the source code being publicly available: "source available": https://en.wikipedia.org/wiki/Source-available_software. You're also welcome to invent and attempt to popularize any alternative term you want, but using idiosyncratic definitions makes discussion less clear.
> Just because that organization got their hands on a premium domain name doesn't mean they get to decide what that term means.
The OSI didn't just claim "opensource.org" -- the folks behind it coined (https://opensource.com/article/18/2/coining-term-open-source...), introduced, and popularized the term "open source" over two decades ago. From the beginning they have used the same definition, which was derived from the Debian project's Free Software Guidelines.
They are not also not the only ones who use the term that way. Wikipedia has "Licenses which only permit non-commercial redistribution or modification of the source code for personal use only are generally not considered as open-source licenses" -- https://en.wikipedia.org/wiki/Open_source
That's not open source: https://opensource.org/osd