Are you saying that the VSCode binaries are not built from the exact source that is available? Or that the opensource license doesn't apply to the version of VSC that is distributed via binaries?
I'm using VSCodium myself anyway, but I'm also installing it from binaries (precompiled packages), as is the case with most opensource software I use.
I'm using VSCodium myself anyway, but I'm also installing it from binaries (precompiled packages), as is the case with most opensource software I use.