The creator of the popular PlayStation 1 emulator DuckStation, known as stenzek, has made significant changes to the project's licensing, causing controversy in the emulation community. Originally open-source under the General Public License, DuckStation's license was changed first to PolyFormStrict License and then to CC-BY-NC-ND. These changes prohibit commercial use and derivatives of the emulator, including packaging it for distribution.Stenzek explained that the license changes were made to deter parties who had violated the previous license by not attributing the work and stripping copyright information. He also mentioned that preventing packagers from distributing modified versions was a 'beneficial side-effect' due
That discussion concluded essentially the same thing I said: that both the OSI and the FSF have essentially the same conditions.
Using “open source” for all kinds of source, regardless of how restrictive it’s license is, is definitely not a common use of the term. People aren’t gonna start using “open source” like that just because a few people find it convenient and wanna police the term to force it to include software with source available, just because for their marketing it makes it sound more appealing.