Just because you donate money doesn’t mean the charity or nonprofit (or whatever OpenAi is), can do as they like. They may still be committing fraud if they are not using the money in the way that they claim.
(Not a lawyer, obviously.)
I don't understand the framing of your question, is it "since he donated, he didn't expect anything in return, so he is not harmed no matter what they do"? Kinda seems like people asking for donations should not lie about the reason for the donation, even if it is a donation.
I am not sure if a donation to a nonprofit entitles him to a say in its management. Might have to do with how he donated the money too? https://www.investopedia.com/terms/r/restricted-fund.asp
But even if a nonprofit suddenly started making a profit, seems like that would mostly be an IRS tax exemption violation rather than a breach of contract with the donors...? But again, I'm not a lawyer.
And OpenAI also has a complex structure in which the nonprofit controls a for-profit subsidiary, or something like that, similar to how Mozilla the nonprofit owns the for-profit Mozilla corp. I think Patagonia is similarly set up.
> I don't understand the framing of your question, is it "since he donated, he didn't expect anything in return, so he is not harmed no matter what they do"? Kinda seems like people asking for donations should not lie about the reason for the donation, even if it is a donation.
I guess donors can make restricted gifts, but if they don't, do they have a LEGAL (as opposed to merely ethical) right to expect the nonprofit to "do its mission" broadly? There are a gazillion nonprofits out there, and if every donor can micromanage them by alleging they are not following their mission, there would be millions of lawsuits... but then again, the average donor probably has somewhat less money and lawyers than Musk.