it's quite sad that the American regulatory system is in such disrepair that we could even get to this point. that it's not the government pulling OpenAI up on this bare-faced deception, it's a morally-questionable billionaire
Even with open AI, there is a pretty strong argument that donors are not profiting. For example, Elon, one of the founders and main donors won't see a penny from OpenAI work with Microsoft.
if you mean "make profit", then no, that is simply not true. they have to reinvest the money, and even if it was true, that the government is so weak as to allow companies specifically designated as "non-profit" to profit investors - directly or indirectly - would simply be further proving my point.
if you mean "earn revenue", I don't think anyone has ever claimed that non-profits are not allowed to earn revenue.