[throwitaway222]

Unfortunately you can also easily show that they ARE doing these things too.

Open source. Check - they have open source software available.

Private Gain of any person. Check (Not hard to see it's a non-profit. People that make private money from a non-profit is obviously excluded) Now to me, personally, I think all non-profits are for-profit enterprises. The "mission" in nearly all cases isn't for the "people it serves". I've seen so many "help the elders" "help the migrants" but the reality is, money always flows up, not to the people in need.

[_heimdall]

I don't expect a case against OpenAI to be given the leeway to bring into question the entire notion of a nonprofit. There are long standing laws (and case law) for nonprofit entities, it won't all get thrown out here.

[catoc]

Any case law dealing with companies with similar non-profit-Founding Agreements pivoting to for-profit companies?

[_heimdall]

Not that I'm aware of, though its definitely not my area.

I can't think of another example of a nonprofit that was so financially viable that it converted to for-profit though, usually a nonprofit just closes down.

[catoc]

If it's indeed the first, may be they will be given the leeway to set a legal precedent? One can hope.