And OpenAI was founded as a non profit, back in the time it was open

Exactly. Neither firm would have been (successfully) sued by their shareholders for failing to make significant profits, so let's not blame on capitalism what is instead the individual greed driving these decisions. In fact, OpenAI is now going to trial because it gave up its non-profit status, reneging on the commitments it made to its shareholders (fraud, by another word).