I think you've put forward an important point many don't consider when debating why companies won't open source.

We have a winner!

This is why the recent proposal by Bunnie of trading transparency against liability would be so important.

Patents for what? Algorithms? I've heard similar arguments/excuses made before, I'd like to understand if there's any legal precedence for them, or if it's more of a hypothetical risk.

Lastly, with the 'supply of documentation' approach, does this (to your knowledge) carry the same legal risks?