Yes. If it's available to the public and it has a non-government use, it is commercial. Period. It's not just "now", that is how the US law is written, and it's been that way for a long time.

There are two types of commercial software: Open Source Software and Closed Source Software.

This is intentional. The US government wants to be able to use software that is available in the commercial (non-government) world.

For more info, see my paper "Open Source Software is Commercial": https://csiac.org/articles/open-source-software-is-commercia...