Faced with a sort of arms race type scenario (once people figure out how valuable the ideas behind Tauchain really are) then we will potentially greatly benefit if as you say the creator maintains cryptographic ownership rights. The law is flawed as there is corruption, decisions from humans can be purchased a lot cheaper than the cost of mining or of trying to corrupt a decentralized network. So in a way this could allow for the data scarcification as you say or as I like to say it allows for the creators to maintain digital rights through cryptographic leverage.

Leveraging the law works only sometimes. Leveraging money works if you have a lot of it. Leveraging cryptography can work for anybody. Suddenly you do not have to be rich to receive the same ownership benefits as you could get with a legally enforced contract. In fact you could get better benefits because it's cryptographically self enforced in such a way that a promise can't be broken.

Isn't the keeping of promises the whole basis behind all contracts? So cryptography allows the creator to promise to deliver and allows the creator to set terms written in "stone" or in cryptography which is as hard as stone, and to provide permissions, access controls, access limits, but also to accept limits on their control such as time limits, or a limit measured in the computation it takes to break a certain puzzle (computational limits) so that if someone really wants to open source or unlock certain data then they'll direct mining toward it (if the data is worth enough to spend the resources).

The ideal to me is not to make it impossible to unlock data because we might someday be faced with a situation where it's in the best interest of the world to do so. The ideal is to make it sufficiently expensive that only the most important situations would be able to amass the resources to break the puzzle. Puzzle cryptography has great use here I think.

There are many ways to lock something up via a puzzle. A puzzle which can only be unlocked by "mining" which is to dedicate computation resources to produce enough tokens to pay the fee to unlock the cryptography. This token could be held by the programmer who wrote the code which would make sure the programmer will get paid if the community decides to unlock his source code.