It's a non-issue. If you can build it, someone else can (and will). If your business is dependent upon the idea itself you are probably doomed or at least in for a hell of a fight. Anyone with funding could always come along with 10x the cash and resources to throw at the problem.
I recommend designing and building a business around some kind of competitive advantage, like data. In that case, even if your competitors have all of your code they still can't compete with you.
Err-- I have a successful business that falls under the "data broker" category and requires I register, but I won't.
I won't because they don't tell you what the "fee" is until the Attorney General "reviews" the submission and then assigns a fee to you. Sounds like extortion to me. I am not going to give them all of the leverage and then accept whatever fee they want to levy on me. If they want me to register, have a fixed fee and be up front about it.
I am willing to accept the penalty fee for not registering. At least I know what it is and it's well within the financial capability of my business, so who really cares.
Selling people's data is fine as long as the state gets a cut I guess?
I recommend designing and building a business around some kind of competitive advantage, like data. In that case, even if your competitors have all of your code they still can't compete with you.