To provide an example, the recent Llama3.2 release includes a clause in their acceptable use policy that says any individual or business located in EU has no rights to use their multimodal models. This is discrimination against persons/groups which violates most open source definitions. They even went as far as getting Huggingface to implement georestrictions so that EU users would get an error message and be unable to download the weights.
From my understanding this comes from a feud with EU privacy law because Facebook wants to train models on EU users data, but GDPR makes that complicated (see their letter at euneedsai.com). So they made this license change to "punish" the EU.
Not to mention that they are discriminating against fields of endeavors, and also requiring anyone that uses Llama in any shape or form to display "Built with Llama" prominently.
As far as I know, no one does that (https://ollama.com as an example of a platform that breaks Llama's terms and conditions) and Meta isn't enforcing it. But who knows, they might do so in the future.
Not sure how any sane person can claim Llama is Open Source after realizing these things.
From my understanding this comes from a feud with EU privacy law because Facebook wants to train models on EU users data, but GDPR makes that complicated (see their letter at euneedsai.com). So they made this license change to "punish" the EU.