I'm actually pretty impressed that they are sticking to their (non-profit) charter against so much pressure. While this was not a "clean" maneuverer I'm not really in a position to judge, given my lack of context. Perhaps there could have been a better execution, but it was the willingness to act when it would not be easy that I think matters most.
On the contrary, it shows it is a non-profit. People keep denying it is and pretending it is a normal Silicon Valley startup. This demonstrates clearly it is a non-profit.
But the Board members of the non-profit company have been leveraging OpenAI's APIs in their other business endeavors -- like, Adam's Poe chatbot for Quora. More details on board's timeline: