Is SugarCRM open source?

An interesting question that I haven't seen a lot of talk about. SugarCRM, the “Commercial Open Source” company, now uses a license that is not OSI approved. Basically, it's the MPL with this additional restriction:
Additional Terms applicable to the SugarCRM Public License.
I. Effect.
These additional terms described in this SugarCRM Public License � Additional Terms shall apply to the Covered Code under this License.
II. SugarCRM and logo.
This License does not grant any rights to use the trademarks “SugarCRM” and the “SugarCRM” logos even if such marks are included in the Original Code or Modifications.
However, in addition to the other notice obligations, all copies of the Covered Code in Executable and Source Code form distributed must, as a form of attribution of the original author, include on each user interface screen (i) the “Powered by SugarCRM” logo and (ii) the copyright notice in the same form as the latest version of the Covered Code distributed by SugarCRM, Inc. at the time of distribution of such copy. In addition, the “Powered by SugarCRM” logo must be visible to all users and be located at the very bottom center of each user interface screen. Notwithstanding the above, the dimensions of the “Powered By SugarCRM” logo must be at least 106 x 23 pixels. When users click on the “Powered by SugarCRM” logo it must direct them back to In addition, the copyright notice must remain visible to all users at all times at the bottom of the user interface screen. When users click on the copyright notice, it must direct them back to

Now, I have no idea why they insist on you keeping the “Powered by SugarCRM”logo and the mandatory link seems to be a bit much. They make a killer product that stands on its own, so personally I don't think they need to resort to things like this. That's not the question at hand though. Since that is definitely an additional restriction, should they still be calling it “Open Source”. Additionally, will the OSI respond. It's a tough call and one I've not come up with a firm opinion on yet. What do you think?
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