They specifically cite the misrepresentation of the software as 'free and open source', they specifically say it's literally false as opposed to simply misleadi

They specifically cite the misrepresentation of the software as 'free and open source', they specifically say it's literally false as opposed to simply misleading, and they specifically say it's because they couldn't remove the Commons Clause. That means they are, in fact, judging whether the definition of free and open source includes the Commons Clause, and specifically judging that it doesn't. Either that means they're judging 'open source', or they're judging 'free', or 'free and open source' is its own third term that doesn't quite mean either.