Yes if it played that game at the start.
That's the name of a different game.
OpenAI played the charity, coupled with a powerful altruistic card.
It didn't say: we believe a more effective for-profit business shall start as a non-profit in this field, because it would yield innovation which we can then skim money off down the road. That would have been transparent.
Not saying it was the intention at the start. But they flipped the game at some point. Let's play Chess, it's a better game. Oh I decided we are now playing Checkers, sorry, I won.