“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.
It is safer to operate an AI in a centralized service, because if you discover dangerous capabilities you can turn it off or mitigate them.
If you open-weight the model, if dangerous capabilities are later discovered there is no way to put the genie back in the bottle; the weights are out there, anyone can use them.
This of course applies to both mundane harms (eg generating deepfake porn of famous people) or existential risks (eg power-seeking behavior).
Indeed, it’s not widespread even now, lots of folks round here are still confused by “open weight sounds like open source and we like open source”, and Elon is still charging towards fully open models.
(In general I think if you are more worried about a baby machine god owned and aligned by Meta than complete annihilation from unaligned ASI then you’ll prefer open weights no matter the theoretical risk.)