After OpenAI's recapitalization in October of 2025 and the change of its nonprofit’s name to OpenAI Foundation, some commentors speculated that the nonprofit had become a private foundation. In this paper, our Senior Scholar in Residence Ellen Aprill explains how and why OpenAI Foundation continues to qualify as a public charity. In addition, the paper explores the consequences to OpenAI Foundation should it be classified as a private foundation and voices concerns about some rules currently applicable to both private foundations and public charities.