Most developers don’t understand open source to be a particular license that certain software artifacts are in compliance with, but an attitude, an ideology. And that ideology isn’t just about the consumption of the software, but also its production. An open source project should have a public bug tracker. There should be a mailing list, for discussion. You should be able to observe, and ideally participate in, the development of the software. Focusing on the code being open is putting the cart before the horse.