> "But if it's open source, couldn't they just fork it and keep using that for free?" Yes, but a. not legally, if the terms forbid it and b. They would now have to find a new group of people to maintain the code, after just creating a bunch of ill-will in everyone in that space. In the end nothing is absolute: you can always just pirate closed-source commercial software too. But doing so has serious negative consequences.
This is neither free nor open by either the OSI or the FSF's definitions.
The real problem is that there is a fundamental crisis at the intersection of capitalism and human freedom/autonomy that may be impossible to resolve.