Yes, Tesla isn't 'open source' in any traditional sense of the word - you're absolutely right. All I'm trying to say is that what he's done with Tesla's patents

Yes, Tesla isn't 'open source' in any traditional sense of the word - you're absolutely right. All I'm trying to say is that what he's done with Tesla's patents is far more 'open' than choosing to aggressively police those that wish to use those patents. Thus, I think if he wanted to 'open source' (read: open up to a certain degree) hyper loop's patents, it would be entirely feasible for him to do so, since he has a track record of having done so in the past. No point in being pedantic over 'open source' - just see it as 'opening up to a certain degree'.