I would certainly consider their "non-cancelable spending commitments" misconduct in their financial reporting obligations. The law doesn't seem to be on my side on that though. I don't have enough hubris to claim the law is wrong, but I don't think I'll retract my position either.
It's a baked in poison pill. What that actually says is 'we're holding the economy for ransom, give us the money we want or the economy will crash and we've thrown the steering wheel out of the window'.
The only way to respond to that is to let them crash but then you have an even bigger problem: OpenAI will have an actual monopoly on frontier models in the West.
Can you explain your objection more? They have several sections of their S-1 dedicated to this, and it's been public knowledge for a while (the other big IPO this year had it as a pro), so I'm not sure what you mean by "misconduct in their financial reporting obligations"