That's possibly relevant to what should appear on the BOLO list. It doesn't seem relevant to what does appear on the BOLO list, or whether one could avoid flagging by using the other term.

In your blog post, you argue that since the two terms result in (mostly) the same output/outcome, the two terms are synonymous. However, according to FSF's open-source/free-software overlap diagram [1], tivoized programs are open source but nonfree, meaning that there is a difference between the outcome of the two terms.

More importantly, that difference is actually a big reflection of the underlying philosophy between the two terms. Free software is about maintaining the Four Freedoms (making tivoization a damaging loophole in the GPL), while open source is about arguing that the bazaar model is superior technically in order to sell it to business (and therefore tivoization is actually a plus to them). I believe this difference in intent should be noteworthy to the IRS in terms of evaluating whether a company is creating a nonprofit for tax-free software development as a form of corporate welfare.

[1]: https://www.gnu.org/philosophy/free-open-overlap.html