> you seem to have missed the broader idea behind it.
Funny, I feel that you might have missed the point as well.
> It's about communication and well established meanings.
Yes, but it's fundamentally impossible to bucket various licenses into what they do and do not do, and what obligations or burdens they place upon the end user. What is Open Source? The OSI includes GPLv3, which is certainly not "free" for a ton of commercial uses.
Let's peek at the OSI's FAQ:
> This history has led to occasional confusion about the relationship between the two terms. Sometimes people mistakenly assume that users of the term "open source" do not intend to communicate a philosophical point of view via that term, even though many actually do use it that way. Another mistake, which has occasionally been seen since about 2008, is to assume that "free software" refers only to software licensed under copyleft licenses, since that is how the FSF typically releases software, while "open source" refers to software released under so-called permissive (i.e., non-copyleft) licenses. In fact, both terms refer to software released under both kinds of license.
> Neither term binds exclusively to one set of associations or another, however; it is always question of context and intended audience. When you sense a potential misunderstanding, you may wish to reassure your audience that the terms are essentially interchangeable, except when being used specifically to discuss the history or connotations of the terminological difference itself. Some people also prefer to use the term "free and open source software" (or FOSS, FLOSS [free, libre and open source software]) for this reason.
Okay so, let's recap:
A) it's confusing.
B) the terms are often interchangeable but context matters.
C) not everyone agrees.
At this point, the value of any "Open Source Definition" is severely diluted for any considerable purpose. Just because a license meets OSI's definition doesn't mean I should make any assumptions about what I can or cannot do with it, so what value does this provide beyond adding confusion?
> Can I call my program "Open Source" even if I don't use an approved license?
> Please don't do that. If you call it "Open Source" without using an approved license, you will confuse people. This is not merely a theoretical concern — we have seen this confusion happen in the past, and it's part of the reason we have a formal license approval process. See also our page on license proliferation for why this is a problem.
I'd argue the confusion is already present. A license is a license is a license. OSI is an organization that says "please don't call your thing Open Source if it doesn't meet our standards" -- I don't care. Whether or not I comply with this polite request changes nothing, offers me no direct benefits.
To be clear: I see value in OSI, and everything they provide. They have definitely provided a net benefit to the world. I do not see value in pedantry around the term "open source", those words are so plain and ordinary that gluing any tertiary meaning to them is foolish. It's as subjective as "good code".