That the developers have already been caught with their hand in the cookie jar and called out on it and apologized once before for "misrepresenting the license" (their own words), and they have stated that they would/did remove the term "Open Source" from their site precisely in order to not confuse the issue...

... was, in fact, not addressed.

To the extent that my comment contains speculative claims, the charges are aligned with their undisputed past behavior.

And given that it's blatantly obvious what's going on, even without their previous admission, no one has any obligation to pussyfoot around on things like giving them the benefit of the doubt. There is no doubt here—no reasonable doubt, at least. Only willful mendacity.