Yep - the very existence of a widespread concern that open sourcing would be counter to AI safety, and thus not "for the public benefit," would likely it very hard to find OpenAI in violation of that commitment. (Not a lawyer, not legal advice.)
IANAL but I don't think a court case hinges whether OpenAI is actually open; neither open-source nor closed-source are directly required to fulfill the charter. I think it would be about the extent to which the for-profit's actions and strategy have contradicted the non-profit's goals.
Yeah but has that community grown because of OpenAI, or in spite of it.
IMO the only real involvement OpenAI has had in that movement is suddenly getting REAL hand-wringy Infront of Congress about how dangerous AI is the moment OpenAI no longer held the only set of keys to the kingdom.
