Earlier quoted context omitted.
Then they're not really open source then? Incorrectly licensing them doesn't actually mean they're open source.
Unless you insist that open source means "there can be absolutely no limits whatsoever on the use of the source code" (which is not an unreasonable position), then they still fit into many people's sense of open source - they can do anything they would want to do with it. The people I know who have added clauses like this do not believe they are breaking the spirit of open source; I'm not here to insist that they are…
And let's not forget, licenses are legal contracts, so it behooves people even more to get them correct lest they be sued.