> I consider making closed-source more legally difficult to be an additional benefit, not a downside.

Then perhaps start with a copyright reform, otherwise I think you're trying to "solve" too many problems all at once.

> so if the manufacturer chooses the option that requires the latter, the deal should be as one-sided as possible against them.

Meaning only the already wealthy companies can afford to take the risk. You're further empowering the rich.