same reason why any other tarball or ISO or IMG file containing programs that are free and programs that are nonfree doesn't infringe on the GNU GPL, but isn't OSD-compliant as a whole.

I'd be happy to have water or something else while you enjoy your beers; I'm not much of a fan of beer myself.

anyhow, my qualm is not with you specifically, it's institutional. OSI has been silent on the matter, and now it comes out of the woods voicing similar concerns about a different program, but remaining silent about its posterchild. it doesn't look good.

remember, it's not about copyright infringement: using materials to train LLMs doesn't require copyright permissions, and packaging even nonfree programs together is authorized by the GPL. it's about selective voicing of concerns over similar deviations from the definition your organization set out to guard.