A self defined cancer charity spending large sums on public information during the early days of the COVID outbreak likely has wiggle room. That same charity spending most of it’s money on scholarships for music students doesn’t. The second case suggests they raised money under false pretenses and would therefore face serious legal issues.
In practice large organizations that generally do what they say probably aren’t a risk. But the claim is essentially OpenAI abandoned its mission without returning the funds or what they used them for, which is a problem.
To be clear charities can pivot over time. If they active their primary mission or collect new funds under a different mission that’s generally fine. But a wildlife sanctuary can’t just use it’s land to build a collage.