True, but it does constrain what justification OpenAI may (credibly) put forward as it navigates in the paired realms of legality and public-relations. AFAIK there's still a lot of temporizing "we are reviewing this" from the company, but that probably can't last forever.

In other words, it makes a difference for OpenAI in deciding between choices such as "we'd love to help but legally can't" or "we could but we won't because we don't want to."