I think we share a lot of the same goals but they presuppose openness based on violence, if you don't do what their license says exactly then they're going to use lawyers and courts and the state's monopoly on violence to make you comply.
I think at a fundamental level this abandons any vision of a true commons since as copilot discussions reveal the well is now polluted (to mix metaphors) and though in some frames the code is more free you certainly won't be if you fail to pay the penalty levied in a civil case for misusing it.