Comment by Brian_K_White

There is de-facto anything wrt anything. All it means is "as good as" or "might as well be" or "no different from" or "in effect" etc.

If no one is publishing a copy of something with an open license, then that is the definition of de-facto closed.

de-facto means what is the reality vs what is the theory.

In theory you can get a copy because it has a license that says so.

In reality you can not get a copy because you are not one of the people with physical access to some existing copy.

It is de-facto closed while that set of facts is true.