Carcinisation in action:
free (foss) -> non-profit -> capped-profit -> public benefits corporation -> (you guessed it) free (foss) -> non-profit -> capped-profit -> public benefits corporation -> (you guessed it)1) You're successful.
2) You mess up checks-and-balances at the beginning.
OpenAI did both.
Personally, I think at some point, the AGs ought to take over and push it back into a non-profit format. OAI undermines the concept of a non-profit.
Checks-and-balances need to be robust enough to survive bad people. Otherwise, they're not checks-and-balances.
One of the tricks is a broad range of diverse stakeholders with enforcement power. For example, if OpenAI does anything non-open, you'd like organizations FSF, CC, and similar to be represented on their board and to be able to enforce those rules in court.