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I don't have a source, some looking will find it, but NASA used to have to be in the public domain. Now they partner, and the partner gets the patents. I know the Apollo soyez mating hardware was public domain, and apas docking is still.
I also seem to remember that research paid for by the USA, used to have to stay public.
I don't have a source to quote, just memory.
There really is no good reason for not being open source.
Federal Research Public Access Act of 2006, perhaps? (Archived)