Comment by escape_goat

I'm rejecting the idea that software distributed in any way that has an MIT license can be "de facto" closed source. I think that this is a conceptual misapplication of the term "de facto," which implies an argument of equivalence in a situation where that equivalence does not exist. The question is not whether or not we can access the source code; we can now access the source code. The question is what the license was. To say that the license was "de facto" closed source before the software was distributed without the repository controller's knowledge or intent is to make a legal argument about that license. That argument was false. It just just as false as the argument that an electrical fire in the wall of your house that you could not see occurred 'before' your house was on file.