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The fact that they coined and defined the term in relation to software in the first place, I'd say.


They had already lost control of the term by 1999 when they tried to trademark it:

https://opensource.org/pressreleases/certified-open-source.p...


I'm not sure I understand the reasoning that "no trademark" == "no authority".

Taxonomists don't have a trademark on "Canis familiaris" but we tend to respect their opinion on what is or isn't a "Canis familiaris". If someone points to a dingo and tells me "that's a Canis familiaris", I say "it isn't, according to taxonomists" and they told me "who died and made taxonomists the sole authority" I would raise an eyebrow.




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