And this would be a good thing how? Luckily, mathmatical theories cannot be patented.Very good point. But if pythagorean theorem were a modern discovery/invention/whatever then would it not have some kind of license and terms of usage attached? If it could be patented then it would be!
Open source isn't free to use. If you don't want to pay the costs, don't use it.
Sort of silly you give the example of spyware as a bad restriction on "free" software - this would be impossible with Open Source software.
The restrictions on using open source code are there to guarantee it remains free. You seem to be complaining that you can't get code for free and completely free of restrictions. Why you expect that you should be able to is a mystery to me
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