[natch]

According to the Engadget article, Tesla PR (which did exist at that time) said "although the company is indeed offering to share its charging and adapter specifications with other manufacturers, on the conditions described above, this won't necessarily involve sharing patents."

Key excerpt: "Won't necessarily involve sharing patents."

Which might not cover your entire point about intellectual property (copyright, trademark). Also the article at time of writing suggested the details hadn't been finalized yet, so there's room for your side of the argument there as well.

I'll also grant that for some of this we have only Elon's spoken word, and we all know what that's worth... my main point was that I believe there were options for participation prior to 2023. Were there caveats? Of course.