The issue here is ACM focusing on licensing. A non profit would not be able to pay ACM for access. Hence why this policy is hypocritical: it gives more power to the larger players and undermines smaller actors in the field who have fewer resources.
Why did you sign off your copyright to ACM then? If you kept the copyright and prevented others from distributing your work, you could be the sole distributor and negotiate the price with the AI company yourself.
Non Profit != No Money
A non profit could well pay, and there are plenty of reasons frontier models should be managed by non profit. After all, why allow a for profit to benefit from free contributions?