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.
That gives a lot of leeway for honest or dishonest intent.
From their charter: “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 just thought it might be important to provide more context. See the other comments for a discussion on "when applicable". I think this misses the point here.
Explanation: Reducing the discussion to the two words "when applicable" (especially when ripped out of context) might be relevant in the legal sense, but totally misses the bigger picture of the discussion here. I don't like being dragged on those tangents when they can be expected to only distract from the actual point being discussed - or result in a degraded discussion about the meaning of words. I could, for instance, argue that it says "when" and not "if" which wouldn't get us anywhere and hence is a depressing and fruitless endeavor. It isn't as easy as that and the matter needs to be looked at broadly, considering all relevant aspects and not just two words.
For reference, see the top comment, which clearly mentions the "when applicable" in context and then outlines that, in general, OpenAI doesn't seem to do what they have promised.
And here's a sub thread that goes into detail on the two words: