I don't disagree in principle, but this sort of "realist" commentary tends to be advanced whenever people get too out of sorts about a for-profit company to whom the same logic applies.

There's a reason big companies defend hundreds of lawsuits at any given time, and it's simply because they do a lot of bad stuff and society doesn't shut them down for it. I've worked in litigation support, and you know what? Non-profits were not the ones paying us $$$. It may be that the sort of companies (banks, drug companies, chemical companies) people love to hate are still a net benefit to society. But they don't have the all the slings and arrows aimed at them because of a conspiracy of plaintiffs' lawyers and whatnot, but because they do harm on a daily basis.