The OSI tried to get a trademark on the term "open source" to prevent it being used outside what they want, but it was denied as too broad a claim IIRC.

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.