For what it's worth I agree with you, but this is a political problem as it's congress that sets those rules. Also within the current regulatory environment, where it costs >$100MM to deregulate a GMO any other business model will be flawed.
My company (www.taxa.com) makes GMO plants which are not regulated for sale in the United States (which some people thing is a bad idea). But because we have so much lower cost of getting to market we've decided to follow a open source model. Our hope is that if we can continuously improve the product people will come back for the next generation version anyway. But we can only have this model because of the way our products are regulated.