Why do you say OpenCDISC is Open Source

According to OpenSource.Org there are 10 criteria that must be satisfied in order for a software to be considered OpenSource.

http://opensource.org/osd 

It appears that the License Agreement on the OpenCDISC.org website is not in agreement with a number of these criteria. Specifically criteria 1 and 4.  If so why do you consider OpenCDISC to be Open Source.