Project Gutenburg would be a counter-proof.
Well, no. The issue is whether code - or any other copyrighted work - will ever enter public domain. Mickey Mouse Protection Act says it won't, and Project Gutenbert doesn't contradict that.
Not that it matters: copyright law has almost no legitimacy whatsoever, so it simply gets ignored despite draconian punishments. The whole concept of property law seems to simply be incompatible with the digital realm, consequently various message boards and other sites depending on user-generated content basically operate as communist utopias: everyone contributes whatever they can, the results are free for everyone to use at their leisure, and even personal glory isn't an issue, at least in anonymous messageboards. That's right: aside from its current immaturity, Anonymous is pretty much a model Marxist collective.
Funny, isn't it? Capitalism won the Cold War, but its natural development is now leading to Communism because that maximizes production in the Information Age. It wasn't a good model for industrial production, but as that keeps getting automated and focus shifts on coordination and cultural production, it turns out hierarchies simply get in the way. So nominally communist countries were arranged like giant corporations, while the new organizational model everyone's learning growing up now is "contribute according to your abilities, enjoy other people's contributions freely".
I wonder if this is why neoliberalism has been so fashionable lately: it's the struggle of a fading system to maintain it's dominance rather than be relegated to handling just a small subsection of total economy?