[autopoiesis]

Isn't the solution to have much shorter copyright terms? Software could be closed source at first, its implementation costs recouped, then opened by default when its copyright term lapses. New releases could still be closed, so income could continue. Set the term at 5-10 years, rather than >70.

[dpassens]

This doesn't really work for projects that want to be closed source, as they can just not publish the source. After the 10 years, people can copy the binary, but that doesn't really give you a whole lot of benefit.

And if a project does want to be open source eventually, they can already license their code that way.

[autopoiesis]

Couple it with a generalized right to repair: source code is what's needed in order to be able to repair the software that you use. If beyond the support period or the copyright term (whichever is least), the materials needed to repair the product must be released.

[diffeomorphism]

No, you just make that a prerequisite for the software copyright. If you don't submit the code, you don't get the protection.

Same idea as for patents vs trade secrets.

[globular-toast]

But you'd also need some way to stop derivatives becoming copyrightable again. Currently the only way to achieve this is copyleft licences.