Hmm. Are the claims made in the filing true? How does that work?
Under what license is the code released?
If it’s some standard OSS license anyone would be able to distribute it commercially?
If it’s some kind of special license, allowing for only non-commercial use, can it really be called open source?
EDIT: Apparently it’s Hashicorp’s filing. And their CLA does not seem to give any special exclusive commercial license to Hashicorp. Further, e.g Terraform is licensed under MPL-2, which should make the claims in the filing hard to enforce, no?