OpenAI has lobbied them among others, already. Our elected officials accept written law from lobbyists. Money and power games don't look out for common folks except incidentally or to the extent commoners mobilize against them.
I honestly can't blame OpenAI. They likely threw a huge amount of money at training and fine-tuning their models. I don't know how open-source will surpass them and not stay a second-tier solution without another huge generous event occurring like Facebook open-sourcing LLaMa