> Can it be used commercially?

OpenAI has been good about sticking to the commercially-friendly MIT License for their OSS. (e.g. Whisper/tiktoken)

It's a kind of an open secret that there's no 'training' protocol for these state of the art models.

Researchers behave like alchemists when training these models, and the actions are not really reproducible.

They could provide access to the training code. It's useful for training smaller models or distilling larger ones. They don't need to release every details involved in tuning the optimization parameters during the pre-training stage.

There is no training 'code' that will get you anything close to a usable result.

At this point I think it is safe to assume open means open weights only.

They specify "open-weights" later down the form

That doesn't mean anything in particular other than that the weights can be downloaded and run. What's interesting is the terms under which they can be used - there are quite a few "open weights" models that can only be used for non-commercial purposes without a paid license, like Command R from Cohere (cc-by-nc-4.0).