> it's undeniable that the for-profit business isn't acting as useful fundraising for the non-profit's goals, it's literally acting in the opposite direction

It's generally not up to your or to me, it's up to the donors to the non-profit. If what you find to be undeniable is very much deniable to them, then that is their right.

The only question of public concern is whether OpenAI, Inc., a charity, meets the exemption requirements [1].

[1] https://www.irs.gov/charities-non-profits/charitable-organiz...