> abusing the spirit of open source for their own monetary gain
For many, the spirit of open source is to allow it to be used in any way, commercially or otherwise. I don't consider it acting in bad faith at all to use what's out there and made available, and I am happy to give things away as in beer. Otherwise it's not open source (which is also fine, not all software has to be open source).
To abuse the spirit of open source, make arbitrary rules about its use.
The main way I think about this and how I often see people act are that actions which undermine the long term success and sustainability open source community is abusive. So you take a behavior and say if a non-trivial number of people emulated/copied this behavior will the open source community survive long term, if the answer is no, then the behavior is abusive.
Of course people disagree with what will lead to long term sustainability of open source projects and communities, though it does seems like a reasonable heuristic to the first degree of approximation.
Then I'd say that the abusive behavior is to imply there are terms in the license that aren't actually there, and to use that implication to attract developers and customers to your project. If your open source has a soul, write it into the license. Note that after you do that, it will not be an open source license.
I do not follow either of your statements. I do not know what you would use as an example for your first sentence. I do not know what you are trying to communicate with the last two sentences.
Open Source is poorly defined. All the most popular "open source" licenses are restrictive. The restrictions are what differentiates them. Hell, look at GPL..
It's a spectrum IMHO from closed-source to "do whatever you want" source.
For many, the spirit of open source is to allow it to be used in any way, commercially or otherwise. I don't consider it acting in bad faith at all to use what's out there and made available, and I am happy to give things away as in beer. Otherwise it's not open source (which is also fine, not all software has to be open source).
To abuse the spirit of open source, make arbitrary rules about its use.