I'd suggest to refer to Metcalfe's law again, it should take precedence by being elevated to statutory.
All the other concerns derive from it, and this would be an enforceable standard legal framework, meeting all stakeholder concerns by definition, covering free speech, free code, free information, both new and historical, it should all be in the commons, there should be no motivation or temptation from being able to mess around trying to colonise it, steal it, lay claim to it, it belongs to the commons, like free energy, water, food, air, everything else needed to create value for humanity as a whole.
When energy becomes for free by solar indexed stimulus as nature insists, maybe then we will start to see the logic in making the positive, creative decision with it all.