Remember, the law provides patent, copyright, trade mark, and NDA protection.
While it would be a burden to require a degree of openness, it's not like companies are all rugged individualists who would never want to see legal restrictions in the field.
It's just a question of what is overall best and fairest.
Restrictions can both help and hinder innovation, and it's innovation that in the ling run makes things improve IMO.
>Restrictions can both help and hinder innovation
I'm not sure innovation is really impacted when restricting the private sector. Traditionally, innovation happens in public (e.g, universities) or military spaces.
> It's just a question of what is overall best and fairest.
If only it were so. But it's not just that. It's also a question of which section of society has the power to demand or prevent the creation of such a system.
Whether enacting labor protections or the Magna Carta, these beneficial restrictions require some leverage. Otherwise what is overall beat and fairest won't be coming up.