It seems like the whole "capped for-profit within a non-profit" is not going to to work long term.
https://www.marcumllp.com/insights/creating-a-for-profit-sub...
My personal opinion is that not creating a for-profit wing would have made a even bigger mess.
(But then I also think this suit is very obviously without merit and the complaint is written in a way that it sounds like lawyers sucking up to Musk to take his money - but people seem to be taking it very seriously!)
Example: Raspberry Pi