See also this post https://news.ycombinator.com/item?id=36088633

It's not open source, it has a sleazy commercial license that wants you to negotiate a royalty to use it. Stay away.

I'm very curious why HF would be calling this an open model.

The Falcon-40B model is now at the top of the Open LLM Leaderboard (https://huggingface.co/spaces/HuggingFaceH4/open_llm_leaderb...), ahead of llama-65b and others.