Open sourcing is a good idea IMHO. At least this way whoever has the inclination can either improve the code or start using it. With a bunch more escrow sites out there eventually the free market will sort the good from the bad.
Still though in a way it won't be the same. The main reason why I considered using ClearCoin is because it was operated by you Gavin.
I was thinking, maybe you can pass it on to another trusted member of the bitcoin community? Maybe one of the forum admins or another one of the dev crew?
I love FOSS, but I feel that this is a situation where it's better not to allow just anyone to open up an escrow service. I'd like to know that whoever ClearCoin is being sold to is a trustworthy individual.