There's a difference between source available and open source. For example, actually being allowed to distribute modified versions is pretty damn important:
Restrictions
- No Distribution of Modified Versions: You may not distribute modified versions of the software, whether in source or binary form.
- No Forking: You may not create, maintain, or distribute a forked version of the software.
- Official Distribution: Only the maintainers of the official repository are allowed to distribute the software and its modifications.
Yes, but that's bound to be merged quickly, the protocol itself was the main holdup from what I understand.