Similar to the concept in medicine that it's bad for business to cure vs good for business to treat something. From the consumer side, clearly you want cures but markets don't seem to function that way. Treating kidney disease is far less lucrative than providing a cure (if possible). Your only option as a business to find this appealing is to somehow look at the treatment option, roll all expected profit and revenue up, and tuck that into a "cure" option. If altruism in medicine isn't there, I don't know why we'd hope for it in something as artificial as electronics and software. I don't know what the solution is here if we want to continue to pretend markets self regulate.
So the question is just, is this a market failure in the sense that the market outcome is undesirable to society such that there's a strong case for regulation? Or is it a market success in that most people are getting what they prefer (cheaper products)?
If we were to get regulation passed on this, and prices for digital products and services were to rise, would people broadly cheer or jeer us? I think it's pretty clear that most people would be unhappy with this, at least above some level of price increase (which may be zero).
So to me the question is (like with all regulation) whether this can be regulated without increasing costs to people beyond the value of the regulation to society. Maybe so, but unfortunately I'm pretty skeptical that's the case.
Unless of course you want to argue that without financial incentive nobody would ever do such a thing, and open source is a fairy tale that can't really exist ...
But outside that niche, nobody really values this capability, and it's not a mystery why not. What good does open source do an accountant? Any given work-a-day accountant is never going to read or modify the source of their software. They just have no interest in that. They may have a computer enthusiast friend who has made a compelling case to them for why this stuff matters, so they may agree in theory, but they aren't going to do extra work or pay extra for this. It just isn't a direct enough impact for them.