License query

Just had  legal over the license.

We were wondering how Open Market, Inc. envisage the following term as being enforcable:

"If modifications to this Software and Documentation have new licensing terms, the new terms must be clearly indicated on the first page of each file where they apply."  

Clearly if modifications to the software/documentation are copyrighted by the new authors (remember that of course changing the license text counts as modification) then Open Market, Inc. no longer has any right or claim regarding the way in which any terms are to be indicated, which rather nullifies the aforementioned term.

I guess it makes sense as a polite request.  But that's about it.

Am I missing something?