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The ticket is about “free” as in freedom. VS Code comes with a restrictive license agreement.

• icegreentea2 8y ago
  Specifically, the pre-built binaries that microsoft provides come with restrictive license agreements. The source code is still MIT. There's presumably some difference between the Microsoft pre-builds and whatever you get from source. Apparently at the very least, the contents of product.json (https://github.com/Microsoft/vscode/blob/master/product.json#L2 https://github.com/Microsoft/vscode/blob/master/product.json...) defining names are different.