Well it does make you wonder why OpenAI says their agreement with the DoD is under supposedly the same conditions that Anthropic wanted and the DoD rejected.
I think we'll have to wait for the litigation to find out any details about exactly what Anthropic supposedly stopped DoD (and other agencies) from doing. Apparently one of the complaints was that Anthropic's rules weren't very clearly defined. And OpenAI's might not be much better, eg-
No use of OpenAI technology for mass domestic surveillance.
No use of OpenAI technology to direct autonomous weapons systems.
So define 'mass domestic surveillance'. DHS complained Anthropic imposed a similar restriction. There's also a complaint that DHS used IRS data to try and identify illegal immigrants, so whether that would be considered 'mass surveillance'. Which is also potentiall FUN! politically, ie regimes like California and NYC are facing a shrinking tax base, so identify high earners and offer them a pathway to citizenship. Or the US might want to identify fraudsters, but 'mass surveillance' restrictions might prevent government using AI to detect and prevent that.
And then there's hypocrisy and potentially useful AI guardrails. It would be amusing if government proposes the 'No AI for mass domestic surveillance' legislation.. Which might hopefully mean the end of Copilot, MS's automatic screenshotting, Google, Facebook and even OpenAI ingesting ever bit of PII it can get their grubby mitts on to profile every user.
The AWS restriction is also possibly open to interpretation. I doubt Ukraine & Russia are using OpenAI in their drone swarms, but AI is being used in that application. Which also depends on the definition of AI, eg US destroyers and GBAD is probably using some form of AI to detect and engage all the stuff flying around Iran at the moment. Probably still has a man-in-the-loop to set FCS to 'Auto', but in an era of drone, missile swarms and hypersonic weapons, defensive systems need fast decision making. If OpenAI or Anthropic want to shut themselves out of that lucrative market, it's their choice I guess.