What's the point then? I mean I have PS10, what the point of pasting PS12 in old code? So I don't have to buy a licence for PS12?
Also don't entertain yourself with "no nudes in code", code will be shit up with useless shit, fixes, overbloated interfaces, then oversimplified, etc.
Basically your whole point is to go Freeware with everything, securing the right to any code people make in EULA.... wait, no. This doesn't work... it's not open then...
From your point I can see, that Linux is a communism. It will work in an environment where everyone is a programmer, can programm in a spare time on a level of paid educated programmer, or he just enjoys programming so much, he will do it out of work free and for everyone.
My opinion will sit in the middle. If company is too big and bureaucratic it will be slow. If there is no company and you have just a bunch of enthusiasts, most likely program will be an arse handled badly, with years upon years of user feedback and code to make it usable.
But if company is not big, and eager to hear from users to improve and get market share, they we get best of both worlds.
Any examples of big company on open source except Android, which is not really?