My only caveat here is that I'm actually really curious to see a ruling about whether model weights can be copyrighted.
I don't think the "Open Source" label people are using is accurate, and I heavily agree that a common thing that companies seem to be trying to do in this space is release what are essentially closed models while calling them open, and it's a really dangerous direction for AI to go. So nothing in your comment is wrong.
But it also feels a little bit like ceding ground to just assume that Llama can't be used commercially just because Facebook says it can't. I never signed a EULA with them, that claim depends entirely on whether or not model weights are under copyright (or under some similar form of IP protection, some people have brought up trade secrets).
And I don't have a super-strong opinion necessarily, but I'm not sure that's a safe assumption for people to make, and I kind of think it might be good to throw an asterisk next to "can't be used for commercial projects" whenever we talk about Llama's restrictions.
But again, I agree with you, it's not the same as saying Llama is Open Source. Even if it does get ruled as having weaker protections, I don't think the term would really apply.