It can't be "technically" open because there's no technical definition of open. Under one side's definition, just having a lot of industry players collaborate o

It can't be "technically" open because there's no technical definition of open. Under one side's definition, just having a lot of industry players collaborate on it in public makes it open (the definition you're using) whereas the other side says if its freedom is encumbered by patents then it's not open. Open is a horribly diluted word and there's no way imaginable you can say anything is "technically" or "not technically" open.