2. I have to hope upstream accepts my change at all.
3. I have to give up the rights to my change if upstream accepts it at all.
High risk of vendor lock-in, and no right-to-repair.
> However, the issue is that companies are not able to ...
That's fine. I'm not asking any company to do something. I stating my reasons why I can't use what the company is offering. It sounds like what the company wants is to not license the code, but to sign a contract with me for a service. Would you sign a contract you don't like?