All I'm saying is that if the words you use have a reasonable interpretation that is different from what is intended, it is better to just adopt new phrasing.
> which can lead to legal troubles
I very much doubt this. LeCun has been calling MAIR's work Open Source for quite awhile and people have been arguing about it being Source Available and not Open Source™. IANAL but I have a feeling that if OSI took Meta to court that they would lose, just like I expect Taco John to lose Taco Tuesday and how Bayer lost aspirin. I'd say that the case would probably even be clearer than those, as all Meta needs is a dictionary. I'm sure there's something similar to Roger's test for this.
Fwiw, I don't know a single person, in the flesh, that thinks Open Source is different from Source Available. My bubble is mostly nerds and techy folks. I was only introduced to the OSI definition here on HN, and I was already starting graduate school by that time, even having work experience developing software. I'm not sure what bubble I'm in or the "OSI's definition is well known" is in, but clearly we have to recognize that at least people like me exist. It seems like we're not uncommon either.