It has absolutely nothing to do with software patents, which are garbage, it's simple copyright. It's literally the way all proprietary software is distributed, sprinkled randomly with "open source spirit", with a vaguely specified micropayments system bolted on.

Giving away your software to small business and individuals has nothing to do with Open Source, Microsoft (among others) does it with some of its biggest products that it later charges your firstborn for after you get past a certain size. If you want to do this, just do it.