The obvious problem with that is the detriment to smaller companies, but it makes a good alternative to releasing the code.

Then if you're a five person shop making routers and you publish the firmware source under a license that allows anyone to make and distribute modifications you're all set. And if you're Apple or Microsoft and you want to make a router without publishing the source code, you post the enormous bond which you have no trouble doing because you're an enormous company and you're all set.