Comment by Brian_K_White

Calling it defacto closed while it was physically inaccessible, is exactly not making any legal argument. That's the whole point of the term is to say "it's not really closed legally, it just has the same effect as being closed, because for some other reason besides it's license, no one can have it.

There are these books that explain the meanings of terms. We don't have to guess and have random individual ideas about what words mean, and then wonder why no one can communicate.