Are implicit dual-licensing agreements inherently anti-open?

[Mark Shewmaker]

On Tue, Jul 19, 2005 at 10:12:22AM -0700, Wilson, Andrew wrote:
>  
> OVPL mandates that a consideration of value (license rights
> to modifications) be exchanged between contributors and the ID.

Come to think of it, what's the difference between:

     A.  You may make modifications if you pay the ID $1,000.

     and

     B.  You may make modifications if you grant the ID additional
         rights over the rights that you grant everyone else.
    
In both cases you're required to give additional consideration to the ID.

I'm wondering if these requirements would both fail the OSD #5's "must
not discriminate" requirement.

Interestingly enough, while OSD #1 specifically precludes a required
royalty or fee for the sale (or distribution) of Open Source Software,
OSD #3 doesn't specifically preclude a required royalty or fee for
modification of Open Source software.

-- 
Mark Shewmaker
mark at primefactor.com