This is a lot of jumping up and down over nothing.
Think about it when the deal was on the table:
1) Take the money. If OpenAI fail, MS get the code. OK, who cares, OpenAI have gone bust.
2) Don't take the money, don't become successful unless they can find another partner with such a good fit (deep pockets and resources).
It made sense to allow MS to have the code if OpenAI failed since they'd have had nothing to lose apart from whatever residual value they could sell their IP for (which they already were effectively doing for $10B, so fair enough). If this was a sticking point to secure a $10B investment, it made sense. OTOH if they granted the IP to MS not contingent on OpenAI failing, then that would have been sheer incompetence.