If you read the issue, the first few lines say:
> The main landing page https://code.visualstudio.com for Visual Studio Code currently does the following:
> it states the offered version is "Free. Open Source." which suggests free software to anyone who knows what the difference of "free" and "open-source" in the common word use is
> Below it immediately offers download buttons for something licensed under https://code.visualstudio.com/License/ which is absolutely not free software in any modern definition of the word.