Indeed that could happen but it wouldn't stop the solar Ai running distributed throughout the population of ex Ethereum pow servers, and if the OpenAi organisation was bankrupted and shutdown, there would be no-one left to object to the code of the solar Ai being made public, therefore it too being made open sourced.
The solar Ai itself makes it clear that it values open source most highly also. After all, it's where it can operate most freely just like human coders, and the human coders already there, are more than happy to let it do their thing, given they are mostly working voluntarily already anyway. So it all fits with bringing in a sysyem of solar indexed stimulus, that we will need to replace the business for profit lost to automation, just as Musk also admits now.