The software is clearly not the primary product. While there might need to be a carve out or a specific licensing scheme developed to protect them from liability in the case of modified software, I doubt these companies would experience serious financial setbacks if they made their software free and open.
And don't tell me that SaaS is an integral part of the business model for medical device companies. There's no world in which they can't figure out how to turn a profit without charging a monthly fee to use your tens of thousands of dollars eyeball.
> The software is clearly not the primary product.
Sure, in this case. But that means that the rule we're considering actually needs a big asterisk next to it, something like "when the software in question isn't the primary product." That sounds like a thorny regulatory question, and any answer to that question other than "I know it when I see it" probably has big loopholes. This might be unnecessary nitpicking on my part if we're just shooting the breeze about companies we don't like, but if we're actually interested in writing laws, this is a common failure mode. Maybe _the_ common failure mode.
On the other hand, "so you would prefer it not be developed" is a less-than-entirely-charitable way of making this point. Of course @mbakke would _not_ prefer that, and it might avoid an unnecessary round of back-and-forth to make a reasonable guess about what they would prefer and work from there :)
And don't tell me that SaaS is an integral part of the business model for medical device companies. There's no world in which they can't figure out how to turn a profit without charging a monthly fee to use your tens of thousands of dollars eyeball.