Is Tabby coding assistant proprietary?

I found this post about an "open-source" coding assistant called Tabby: https://lemmy.dbzer0.com/post/13830988

I can't comment there, because I guess my instance is defederated from them. But I've noticed something in the license that made me think it might be proprietary software:

This software and associated documentation files (the "Software") may only be
used in production, if you (and any entity that you represent) have agreed to,
and are in compliance with, the Tabby Subscription Terms of Service, available
at https://tabby.tabbyml.com/terms (the “Enterprise Terms”), or other
agreement governing the use of the Software, as agreed by you and TabbyML,
and otherwise have a valid Tabby Enterprise license for the
correct number of user seats. Subject to the foregoing sentence, you are free to
modify this Software and publish patches to the Software. You agree that TabbyML
and/or its licensors (as applicable) retain all right, title and interest in and
to all such modifications and/or patches, and all such modifications and/or
patches may only be used, copied, modified, displayed, distributed, or otherwise
exploited with a valid Tabby Enterprise license for the correct
number of user seats. Notwithstanding the foregoing, you may copy and modify
the Software for development and testing purposes, without requiring a
subscription. You agree that Tabby and/or its licensors (as applicable) retain
all right, title and interest in and to all such modifications. You are not
granted any other rights beyond what is expressly stated herein. Subject to the
foregoing, it is forbidden to copy, merge, publish, distribute, sublicense,
and/or sell the Software.

https://github.com/TabbyML/tabby/blob/main/ee/LICENSE

What do you think? It seems to me that this is a huge restriction on user's 4 essential freedoms.

Adanisi ,
@Adanisi@lemmy.zip avatar

Yeah no. That's source-available. It does not conform to the Open Source definition and it most definitely does not conform to the Four Freedoms of Free Software.

Freesoftwareenjoyer OP ,

Thought so! I guess people just assume that whenever they see something on GitHub.

Adanisi ,
@Adanisi@lemmy.zip avatar

To be fair, it does call itself "open source".

A bit like grayjay. It'd be nice if they stopped lying.

Freesoftwareenjoyer OP ,

Ah, true. I didn't know about Grayjay, though. It doesn't seem to mention this on their website or GitLab, but I can see that the license is proprietary. Ok, their license does use the words "open source". You are not even allowed to edit the code! Crazy and a huge shame for something coming from people in the right to repair movement. Software freedom should be one of their goals. But I guess they think you should be able to control hardware, but not software.

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