Being licensed as it is, it needs to be publicly available. This availability can be on request, but that request can be made by anyone.

The watering down of the legal definitions of Open Source and Creative Commons is a death of a thousand cuts. Every single misrepresentation and false claim needs to be called out and shut down. It's hard to stress how important these concepts are to the current state of the world. Many people say "stop being pedantic" or "the source can be read, therefore it's open source". The reason you currently have a secure server operating system that can use state of the art encryption on affordable commodity hardware is that "Open Source" has a legal definition. Please, let's not break it.