Do you have a proposed counterexample? The OSI definition is pretty much the same in spirit and in practice as, say, the DSFG or FSF definitions.
Non-discriminatory terms is pretty much a fundamental precondition for any open-source license. As any lawyer would tell you--and don't forget, licenses are explicit legal contracts--licenses that include discrimination clauses of various kinds (including "fun" clauses like "don't use this for evil") are basically non-starters. It's especially problematic when the discrimination is based on something as malleable as yearly profit, so that someone's inclusion or exclusion on this basis changes every year.
Licenses are legal contracts, and therefore they have the force of law behind them. Rolling your own license is a stupid idea, particularly if you are not a lawyer and you are not retaining a lawyer to give you advice on the matter. Even aspects of major licenses like 3-clause BSD, MIT, GPL, LGPL, Apache, and others have indeterminate legal repercussions, particularly when patents and copyright of contributions come into play.
