Exclusivity can be kept for a longer time when not sharing your code. Your elaborations are unrelated... Nokia works together with a variety of other companies - in software and hardware. It's often not Nokia only who can decide here. And even if some partial decisions are in Nokia's hands only, it still takes a while for lawyers to check code and potential issues before making it public. If you are a lawyer who's specialized in international law and covers several countries you will know. In general there are different concepts for everything - open source vs commercial software, capitalistic democracy vs communism, mixtures of them (e.g. freeware). It's the right and freedom of every company and individual to choose what they think is right for them. I hope you agree with this.