It is not technically a bug, but a formal conflict.
Since the repository under Apache License 2.0 all content should be under that license, or at least under a compatible license. The ocean postProcess and in particular the file: Babylon.js/oceanPostProcess.fragment.fx at master · BabylonJS/Babylon.js · GitHub is under “Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License” and should not be part of the repository and I would suggest to remove it.
This is just a question of legal liability and to make sure that no one runs into problems by relying on the fact that the repository shows that it is Apache License 2.0.
I would like to open an issue for that and propose a removal of the ocean postProcess. Since every issue should be discussed in the forum I start here. I hope that is the right way doing it.