Any reasonable court would see right through “well we trained it for the public good, but only we can use it directly”. That’s not really a legal loophole as much as an arrogant ploy. IMO, IANAL

That’s not what happened at all. There’s non-profit and for profit entities have always been selerate. The non-profit didn’t train anything, it invested money in the for profit to “further the mission towards agi” what’s happening now is just the non-profit defeating in OpenAI and turning to other endevours. Which makes a lot of sense since they tried to cut off the head of the for profit entity to take control, o company would like to see that independent of if the specific investor trying to gain control is a non-profit entity or a large investor.