True; they are free to do as they see fit. But how about not leeching on the word “open” in that case? DeepMind is essentially the NSA (or Apple), OpenAI is paid-for cloud services with paper-based marketing, and FAIR may be the best of the bunch, but it still annoys the hell out of me that they push code with non-commercial clauses as their current default (these are legally complicated in a university context) and now a model that they label “open” despite not honouring the accepted meaning of the word.
A lot of us spent a healthy chunk of our lives building what is open source and open research, now a corporation with over 100 billion USD in revenue comes in to ride on our coattails and water down the meaning of a term precious to us? How about you spend the time and money to build your own terminology? “Available”, perhaps?
They are a for profit company and don't need to release anything. It's not that hard to understand.