Well then Jolla shouldn't say on FOSDEM 2013 that it will be certainly open, when it wasn't certain. Jolla mistake was to promise something they weren't sure about. It was only to attract interest at FOSDEM 2013. It's really like cheating FLOSS people.

To give you an analogy if someone promises that he will give his phone to you for 0$, then few months later says, that the phone will cost you 100$, but maybe someday he will sell you it for 0$ again then it's a fake promise.