If we are going down that road, what does "freely available" mean? To me that would suggest Public Domain only. If you get access to the code under a license,

If we are going down that road, what does "freely available" mean? To me that would suggest Public Domain only. If you get access to the code under a license, even something as liberal as MIT license, it wasn't "freely available" you had to agree to the license. More to the point with a no commercial clause, it isn't freely available there are restrictions on what you can do with it.