I strongly dislike this obviously controversial bit being snuck into an otherwise reasonable argument. The term FOSS is meant to unify "free software" and "open source software" and there is absolutely no reason to accept GNU's definition of "free software" and not OSI's arguably more successful definition of "open source" software. After all, "free" software, to this day, just sounds like freeware to the layperson, and meanwhile, there is other industry jargon you can use for when the source code is available but the copyright license doesn't meet these criteria.