Yes, the license terms don't matter to 95% of all software developers. So what? Care to guess at the percentage of brokers that made out like bandits trading CDOs? My point is exactly that an ecosystem where the bulk of players can benefit by optimizing for the short-term at the potential expense of the long-term will fail to find the long-term optimal solution (at least, not without significant upheaval).
But then, I suppose I am completely free to till my own back yard, grow some vegetables, and raise chickens so...yeah, complete market triumph!