Original firmware loads fine.
I think you misunderstand.
Of course the original firmware loads fine, it's signed with Bitmains key.
3rd party firmware, whether or not they release the source will not load because it's not digitally signed. So it doesn't matter one bit whether they follow the license or not, it cannot be used as of right now.
So yeah, it doesn't matter if it's open source or not, you cannot use it.