But OpenAI isn’t a nonprofit. It all depends on what do you mean by OpenAI - and what you call OpenAI is not what they call OpenAI.
https://openai.com/blog/openai-lp
> Going forward (in this post and elsewhere), “OpenAI” refers to OpenAI LP (which now employs most of our staff), and the original entity is referred to as “OpenAI Nonprofit.”
I think it's all quite shady, but it seems like the parent company, which in theory holds 51% of the "profit-capped" company, is still a non-profit.
I wish someone, ideally from OpenAI, would clarify the situation.