Well the CEO of bitcoin is going to sue all the alt-coins for using his code. joking. The fact there are so many forks is proof that is open source.
Bitcoin is open source and that is why there are many altcoins that copies bitcoin and tried to modify it. That is just one fact. Though I am not one of the few that understand the source codes and that makes my opinion as only a hypothesis without someone knowledgeable to back-up my claims.
Well, to stop the arguments we must ask the few individuals that has full understanding and knowledge about open source, source codes and etc. So we can have a technical and close to truth answer.