Re: Hasn't that horse bolted?
Projects on github may be precisely the target of this.
Those very specific specs sound like something targeted at a particular product or small set of products. A project backed by a bigco will have lawyers to deal with it. A github project might have no such resources, even if its major contributors do have that for their own supported versions.
It also sounds like a barrier to entry for innovative startups having any US component. And perhaps an opportunity for bigcos to mop up innovators on the cheap.