I admire your pedantry, but there's a clear distinction between these things and what dawg- referred too. One is a product with a behaviour that is clearly understood, and not proprietary (for the most part). More importantly, it's behaviour is not under the control of anyone else.

I can see why you might think this line is a little restrictive and arbitrary. Collectively we've already gotten used to running so much software that we have little to no oversight over, so this seems like such a small thing.