The weights are open, meaning publicly accessible, but you can't have a business profit off of them without paying for a license. That sounds fair and accurate.
HashiCorp has the same business model for their products: you are free to use them even in a business, except if your business is a competitor of their own cloud solutions.
> HashiCorp has the same business model
And Hashicorp's software is no longer open source, after they changed the license.
Open doesn't just mean accessible and never has
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Since the analogy is to source, no, that's not fair and accurate. It's misleading. The fair analogous term would be weights-available.