They're both correct given how the terms are actually used. We just have to deduce what's meant from context.

There was a moment, around when Llama was first being released, when the semantics hadn't yet set. The nutter wing of the FOSS community, to my memory, put forward a hard-line and unworkable definition of open source and seemed to reject open weights, too. So the definition got punted to the closest thing at hand, which was open weights with limited (unfortunately, not no) use restrictions. At this point, it's a personal preference that's at most polite to respect if you know your audience has one.