It's open source, but not free software.
As such there is no canonical definition of "open source", however in the context of open source software, this would not be considered an open source code.
There are very very few things that are "open source" but not "free software". The main difference is ideological and/or tribal.
"Available" just seems like a better word than "open" for this sort of case.
(the author apologises for overuse of quotes in the above but preferred to be consistent even at the potential cost of some irritation and/or incorrect usage)