The substantive point of law will most likely be that OpenAI's salami slicing tactic for becoming a for-profit does not properly fall under the statute of limit

The substantive point of law will most likely be that OpenAI's salami slicing tactic for becoming a for-profit does not properly fall under the statute of limitations. To think otherwise is basically no different than arguing that you can rob a person twice and not be prosecuted for the second robbery because of "double jeopardy".