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To be fair:

If a source (code) is available to the public, with the intent by the original copyright owner, therefore an 'open' source, that does make it... An *open source.*

Don't think anyone said it has to be Free & Open Source (i.e. with a permissive license) for the source to be open, as you can still view and research the source either way - that's why there's the distinction, is there not?

Of course, whether it's freely whatever or not is up to the creator/maintainer.