Wrong way to evaluate and you're missing the complaint from the artists. It doesn't matter what the company makes or loses, it matters if people end up with money in their pockets. I don't know ML counts as derivative or not, but I don't think that's important here. Regardless it is a fact that an artist does work, that work isn't paid for, and then that work is used by someone else in some way to sell a product. The complaint is specifically that they have no control over deciding if their work can be used in that way or not.

At the end of the day, everyone working at OpenAI ends up with lots of money in their pockets. Regardless of the company profits or revenue, this money is connected to the work that these artists do, who do not make any or any substantial amounts of money. That's the underlying issue and we must read between the lines a bit to understand the difference between a specific point and the general thesis.

Also, remember Stability does have revenue as well. OpenAI is being pointed at because they are top dog, but it's not like there aren't others doing the same thing. So even a very specific justification may not refute the original complaint.

We've seen zero evidence that the non-profit side of OpenAI meaningfully constrains the for-profit side in any way, and have seen direct evidence that when the non-profit and for-profit groups disagree with each other, the for-profit side wins.