Yes, but as you say, they have a good privacy policy. Also their revenue model backs up their privacy policy, and I find their reasoning as to why they aren’t FOSS fair:

Will Magic Earth be Open Source?

No; since it is also used commercially (we have a paid Magic Earth SDK for business partners), we cannot make the code public.

(from the FAQ)

That’s a weird reasoning, as I can find plenty of FOSS that has paid “business” editions

That’s just saying “we want to sell access to our code, so we can’t make it open source”. Basically the definition of proprietary software, no?

Yes? Nobody was claiming they weren’t proprietary.

RBG
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Yes, but people were claiming they had a good reason not to be FOSS. They could have easily just not mentioned it at all but instead they name a reason that isn’t an issue for many others.

My point was that it’s not so much “fair reasoning” as just a statement of that fact.

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