“There are some programs that have been continuously updated over multiple decades, and some still have pieces of the original source code still in them.”
I own some such code.
“Why should anyone be forced to give up their source code after 5 years?”
Your question skips over the underlying premise that patent or copyright protection is just an automatic given as a right. It’s not. It represents free people voluntarily relinquishing a little of our natural rights to the federal government in EXCHANGE for something in return, which is specified in the Constitution as “to promote the progress of science and useful arts”.
When patents serve this purpose, we all benefit. Innovation is incentivized. Free markets thrive. Trade thrives. But when elitists exploit the system to circumvent the “limited times” part of the deal, we all lose (except for the crony capitalist who gets rich through this unethical and immoral approach).
You shouldn’t be “forced” to give up anything. What I’m talking about and advocating is how software should be treated when it is patented. And 5 years is an arbitrary number, but I think 20 years is ridiculous for software. What good would it be to require Microsoft to release the source code for Windows and Office from 20 years ago?
The alternative to patents is protecting your software as a trade secret. There is no time limit to this. And it does not infringe on anyone’s natural rights.
But keep in mind that releasing source code can be very profitable. Open source code is a popular way to get people to try something. Money can be made via consulting or add-on services or upgrades. Sometimes money is made from marketing and advertising to the customers.
Ah, I think I understand your point better now. Personally, I don't think it correct from someone to patent software, but I can understand software as trade secrets.
But keep in mind that releasing source code can be very profitable. Open source code is a popular way to get people to try something.
I agree, but I was confused by the apparent involuntary aspect of your original post.