Ok.... I'm just going to free form this.

First paragraph 24 and 25 don't pass the smell test. I'm not wet behind the ears. It's probably what they said on the surface, but it wasn't the intent.

24. "[T]he three agreed that the new lab... would be open source, balancing only countervailing safety considerations, and would not keep its technology closed and secret for proprietary commercial reasons."

25 "[T]he corporation will seek to open source technology for the public benefit when applicable."

Note the phrases "balancing only...." and "when applicable." They were hedging from the jump, and Musk knew. There was an intent to secret the code from the start if they had a reason, and then claim it wasn't in the public benefit to release it. Tl;dr there was an intent to use the nonprofit as a front for proprietary AI and Closed sourcing where it benefited everyone involved.