Allowing startups to begin as non-profits for tax benefits, only to 'flip' into profit-seeking ventures is a moral hazard, IMO. It risks damaging public trust in the non-profit sector as a whole. This lawsuit is important
once it converts into profit-seeking venture, it won't get the tax benefits one could argue that they did R&D as a non-profit and now converted to for-profit to avoid paying taxes, but until last year R&D already got tax benefits to even for-profit venture so there really is no tax-advantage of converting a non-profit to for-profit
Otherwise, why do you think OpenAI is doing it?