2 comments
(5)(a) "COVERED APPLICATION" MEANS A CONSUMER SOFTWARE APPLICATION THAT IS ACCESSED THROUGH A COVERED APPLICATION STORE AND THAT MAY BE RUN OR DIRECTED BY A USER ON A DEVICE.<p>(b) "COVERED APPLICATION" DOES NOT INCLUDE:<p>(I) A SOFTWARE APPLICATION THAT DOES NOT PROCESS USERS' PERSONAL DATA; OR<p>(II) AN APPLICATION FROM A FREE, PUBLICLY AVAILABLE CODE REPOSITORY.
That wording could be interesting, because it's ambiguous if free is applicable to the repository or the project. Presumably, the latter. This means you could absolutely do source-open but not open-source and still get around it.
hopefully if each state starts crafting dumb laws like this they all get banned via commerce clause due to infeasibility of compliance