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Oh, interesting, I did not know that. Then what prevents this from being considered open-source?

nothing? open hardware badge is a big ball of mess with people using it whatever the way they want. Initially it was a great idea, but life finds a way :)

Open Source Hardware Explained - EEVblog #195 https://www.youtube.com/watch?v=I0HOgcbtmws

EEVblog #333 - Unwritten Rules of Open Source Hardware https://www.youtube.com/watch?v=NOUaoLjrNPo

and finally EEVblog #921 - Open Source Hardware Problems Solved! (except he doesnt solve anything) https://www.youtube.com/watch?v=5wrSXCBdalc

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