You're making several optimistic assumptions: The first is that closed source companies are interested in controlling the risk of using their technology. This is obviously wrong: Facebook didn't care its main platform enabled literal genocide. xAI doesn't care about the outputs of their model being truthful.

The other assumption is that nefarious actors will care about any of this. They'll use what's available, or make their own models, or maybe even steal models (if China had an incredible AI, don't you think other countries would be trying to steal the weights?). Bad actors don't care about moral positions, strangely enough.