Are you saying that the mere existence of the option of using a non open source license invalidate the provisions in the open source option? That is, if they offered only AGPL, they would be oss but if they offer your choice of AGPL and something non oss, the AGPL option would no longer be oss too? The article you linked does not address this as far as I can tell.
I feel like the important difference between an intelligent human and an AI is that the AI can be replicated easily whereas we are yet to be able to clone a human with their memories. Imagine if we added a restriction to AI training in that only 1 copy of the model can ever be run at a time, like a human. In that situation, all the trouble with copyright would go away.