From their thread on the A3L forums -
http://arma3-life.com/forums/index.php?/topic/35121-a3l-intellectual-property-statement/
So they've dressed it up. They've lowered it to a "minimum of 10$" <- Putting in a "minimum payment" sure as hell makes it sound like a commercial product to me. If you want to donate there shouldn't be a "minimum" to donate. And then you have "expediting application access." Keyword - ACCESS.
They're still doing what they're doing, and they won't stop it.
As far as I know Bohemia hasn't "approved" anything. They haven't said "Yup that's all good, keep doing that!" (correct me if I'm wrong.)
"Hey! We're not offering any perks! Just instant access to the game and forums! If you don't pay, enjoy your time in the line!"
Not offering perks? WHAT? They're literally saying if you don't pay then expect your application to take a long time, and you can enjoy the 2 weeks wait to be able to post on the forums! If that's not a perk then I don't know what is.