I see two alternatives: The RMS approach, where all software needs to be open, scrutinizable, subject to modification. Ensuring quality and responsibility through openness.

Or the liability approach: Make closed-source developers liable for what they produce, legislate standards for safety and security and have them be responsible for their creations. Because the current state of closed source software got us into the mess of Windows, Stuxnet, self-murdering cars, etc.

A combination of both approaches is possible. But if you want to hide your code, thats fine. If you then take full responsibility for your code.