Comment by sophiebits

This license with the custom clause seems equivalent to dual-licensing the product under the following licenses combined:

* Small companies may use it without attribution

* Anyone may use it with attribution

The first may not be OSI compatible, but if the second license is then it’s fair to call the offering open weights, in the same way that dual-licensing software under GPL and a commercial license is a type of open source.

Presumably the restriction on discrimination relates to license terms which grant _no_ valid open source license to some group of people.