I agree with that conclusion.
I think we'd also need to figure out some durable and stable way to reach a conclusion on "when should the software be published out of escrow?" that handles a bunch of the various edge cases. "What happens to devices that are one-time programmable? What devices are in-scope/out-of-scope? Does this apply to radio firmware as well as general CPU firmware? Is the software license changed alongside the release of code from escrow? Are signing keys also released? Is code released from escrow just because some individual use case is no longer supported by the mainline firmware? [Is a disagreement with a product decision enough to release the old code?]"