I don't understand why you think "avoiding prison" equals free work for companies. The individuals contributing to open source are subject to the same laws we're discussing in this thread, and are the ones that would actually be getting consequences.
No one exists without a government, and that's not even a pipe dream, it'd be societal collapse.
Just to counterpoint: you do know why, exactly, it is that the south has more black people than the north, right? (Hint: it's not because they were so much more accepting)