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I'd like to share a thought and maybe start a discussion about something. In 2.iii.a:
The author of the code in question determines that the code is too crude to merit distribution or provide value to the broader community.
It seems like we could take this and turn it into benefit of open source under 1.ii.a. Instead of providing a potential loophole to a robust open-source-by-default policy, we could emphasize that open-source-by-default encourages the authoring of cleaner code because it will be distributed to the broader community.
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