Not saying I agree that being closed source is in the public good, although one could certainly argue that accelerating the efforts of bad actors to catch up would not be a positive.
If that was true, then they shouldn't have started off like that to begin with. You can't have it both ways. Either you are pursuing your goal to be open (as the name implies) or the way you set yourself up was ill-suited all along.
There's nothing wrong with changing your opinion based on fresh information.
I don't really get that twist. What "fresh" information arrived here suddenly? The structure they gave themselves was chosen explicitly with the risks of future developments in mind. In fact, that was why they chose that specific structure as outlined in the complaint. How can it now be called new information that there are actually risks involved? That was the whole premise of creating that organization in the form it was done to begin with!