Part of me wonders why they don't open source datomic and crank up the marketing effort on the consultancy and datomic/clojure/etc support portion of the business. It seems like a much more effective model for DB companies. For direct revenue streams, they can always have tuned/monitored clusters packaged as appliances.
The licensing is a huge pain in the ass. If I accidentally launch an extra peer over our license limit, our production environment will stop working until the extra peer comes down. This is really butting heads with the growing popularity of abstracting physical servers as clusters so I think the strategy is kind of a mistake on cognitect's behalf.