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Because they are claiming that it is open source, when it isn't.

It's great that they are making the source available, but the non-commercial restriction means it isn't open source, so don't claim that it is.

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He changed the title. The drama is over.

The title on Hacker News hasn't been updated yet, so that title is still misleading. I think dang would need to edit the submission to reflect the new, correct post title. Otherwise we can still expect new comments on the fact that it isn't open source at all.

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