“resulting technology will benefit the public and the corporation will seek to open source technology for the public benefit when applicable. The corporation is not organized for the private gain of any person"
I don't think it is going to be hard to show that they are doing something very different than what they said they were going to do.
After ChatGPT was not released to the public, every for-profit raced to reproduce and improve on it. The decision not to release early and often with a restrictive license helped create that competition for funds and talent. If the company had been truly open, competition would have either had the choice of moving quickly, spending less money and contributing to the common core, or spending more money, going slower as they clean room implement the open code they can't use, and trying to compete alone. This might have been a huge win for the open source model, making the profitable decision to be to contribute to the commons.