I believe that the best way to maximize the societal value of software is for it to be FOSS, actually, and release what I can accordingly.
Finding ways to make money off of that is another matter. There are many things one can do: charge for support/customization, find patrons/sponsors who benefit from your work to fund it, etc.
I don't believe that copyright laws are a good way to fund innovation. And I believe there are a lot of alternate business models that remain unexplored.
Every law has a cost to enforce it. Many worry that the costs (both monetary costs and reduced freedoms) are ever-increasing while the benefit is static, and mostly going to middle-men. After all, I don't believe that the RIAA shares the proceeds of the infringement lawsuits with the artists (feel free to correct me if you can prove that belief wrong).
Rather than trying to make this law work, I think we should look to successful businessman/artists for the way forward. Web comic authors in particular have done rather well for themselves, in spite of giving pretty much everything away for free. For example, if you want the website of one particularly business-savvy author (who has a lot of good advice for anyone trying this), look no further than here: http://www.schlockmercenary.com/
He's done very clever crowd-sourcing (he gets fans to help him ship books), has partnered with fans who make cool merchandise to sell it (rather than shutting them down over trademarks), and does a lot of other things to make his products more compelling than the piracy option. Howard was a business manager before starting that webcomic and I've learned more by watching what he does than I've found in most articles.