Yea, it seems really weird that he and others can just form a non-profit and then later have it own a for-profit with the full intention of turning everything into a for-profit enterprise. Seems like tax evasion and a few other violations of what a non-profit is supposed to be.
Yep, if this is an acceptable fact pattern, it seems to create a bunch of loopholes in the legal treatment of non-profits vs for-profits. I think the simpler conclusion is that it actually isn't an acceptable fact pattern, and we'll be seeing fines or other legal action.