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The answer is more aggressively copyleft licensing (AGPL, and others).

If APIs are copyrightable that's a very unfortunate thing, but it would also make it possible to protect FOSS IP much more aggressively. Mongo wouldn't be getting destroyed by Amazon, for example.

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That doesn't solve public goods funding dilemmas, that only works if you do the non-free/libre/open license option and you're making some upstream thing for use in proprietary products.

Copyleft is only a business model if you tie it to non-FLO products, which defeats the point.

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