I agree in general it isn't. But in this case Musk claimed that was the point of open-sourcing the algorithm. Transparency on what they are or are not suppressing.

When Tesla "open sourced" their patents, they required companies taking them up on it to, not reciprocally, not copy their "designs". So you get access to their patents in exchange for vague restrictions broader than the patent or copyright system.

Oh, I see. Well, purely on his claim:bs ratio, I'd too take than with a grain of salt :)