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OSCI relies upon checking the license attached to the respective repos contributed into by those organizations to understand whether these are open source or not (as defined by the OSI). @vlad-isayko can confirm whether this happens at first instance or frequently moving forward?
For the repos displayed within HashiCorp's Top Repos I can see a split between the MPL license and a custom BSL license so you're right that we shouldn't be displaying those BSL repos in this ranking.
Looking forward to investigating further and then getting this into our backlog.
https://opensourceindex.io/?company=HashiCorp reports some projects in "top repo"
"HashiCorp, the vendor of Vagrant, Terraform, and a number of other deployment-automation tools, is changing its software license to the Business Source License." Source: https://www.theregister.com/2023/08/11/hashicorp_bsl_licence/
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