Respectfully, i am not sure that i agree with that. I think if it were allowed to slip into, say, public domain, then, yes, i agree.

HOWEVER, on a slight tanget from that point...If this company and its software have ever received any sort of taxpayer funds, then my opinion is that from the beginning, such software should have been open sourced. Publicly-paid software should be publicly available. Of course, said business has every right to earn profits from providing the service such as hosting said software for convenience for customers. But, every citizen who paid taxes has a right to see (and access!) all the code...well, that's my belief anyway. ;-)

It should be a requirement for receiving copyrigt protection in the first place. The whole point was that things end up in the commons.

There should be a very high standard for "the government can force me to do [something]" and it shouldn't be thrown around as casually as, one of a thousand enterprise CRUD apps went away.