When you see somebody abusing the term “Open Source”, please tell us. But also tell them. Let them know that they have lost your trust as a business. Let them know that their use is fradulent (misrepresentation with an intent to profit from it). Let them know that they are confusing their customers. Confused customers do one of two things: they either go away and find another vendor who doesn’t confuse them, or they purchase the product and then bad-mouth it to their friends because it wasn’t as represented. Look for the Open Source Approved License logo, including the green keyhole. That’s a strong trademark upon which you can depend.