There's a lot of jurisdiction around preventing this sort of abuse of the non-profit concept.
The reason why the people involved are not on trial right now is a bit of a mystery to me, but could be a combination of:
* Still too soon, all of this really took shape in the past year or two.
* Only Musk has sued them, so far, and that happened last month.
* There's some favoritism from the government to the leading AI company in the world.
* There's some favoritism from the government to a big company from YC and Sam Altman.
I do believe Musk's lawsuit will go through. The last two points are worth less and less with time as AI is being commoditized. Dismantling OpenAI is actually a business strategy for many other players now. This is not good for OpenAI.