I think we need to reevaluate what it means for a model to be FOSS. There isn't a good answer and it would be nice if some free organization would release guidelines on AI
There must be attribution. Finetunes, merges, etc need to have “Llama 3” at the beginning of the model name. This is probably consistent with FOSS.
Your use of Llama has to "adhere to the Acceptable Use Policy for the Llama Materials". AFAIK, it's an open question whether ethical licenses can be considered FOSS.
Finally, you must not use it, if you had more than 700 million active users in March 2024 (the calendar month before the release). I'm not sure about the legal definition of "active user". I doubt it's very many companies, though. In practice, it's probably less of a restriction than copyleft, but still, strictly speaking, that's not FOSS.
No we don't. Someone misusing the term doesn't change what it is. It stands for FREE AND OPEN SOURCE SOFTWARE. If it isn't all three of those things then it isn't FOSS.