Elon Musk and OpenAI, the artificial intelligence company he co-founded, are locked in a heated legal battle over its transition from a nonprofit to a for-profit entity. Following Musk’s recent lawsuit, the company is now pushing back, arguing that his lawsuit is rooted in personal grievances rather than legitimate concerns.
According to recent reports, OpenAI has asked a California federal judge to invalidate Elon Musk’s lawsuit seeking to stop its transition to a profitable entity. Musk had filed a motion for a preliminary injunction, accusing the organization of abandoning its original mission for financial gain. However, the entity has pushed back, calling Musk’s allegations baseless.
In a statement released on the legal filing, OpenAI criticized Elon Musk for what it described as contradictory actions. The organization alleged that Musk himself had attempted to shift it from its nonprofit roots to a for-profit model during his tenure, years before stepping away from the company.
The company has defended its decision to transition to a for-profit model, citing the need for substantial funding to compete with major players like Google’s DeepMind.
Internal communications reveal that Musk was aware of these challenges as early as December 2018, when he reportedly told the company that it needed to raise “billions per year immediately” to remain relevant.
Musk vs OpenAI: The Backstory
OpenAI began as a nonprofit with the mission to advance artificial intelligence for the benefit of humanity in 2015. Musk, a key figure in its inception, initially floated the idea of a hybrid structure combining nonprofit and for-profit elements, according to emails and texts recently published by the company.
While the organization initially launched as nonprofit, financial challenges in later years pushed OpenAI’s leadership to explore alternative structures to secure funding.
Documents unveiled by OpenAI show that in 2017, Musk proposed merging the company with a hardware startup, potentially Cerebras, to create what OpenAI’s president Greg Brockman described as an “AI research + hardware for-profit.”
The Tesla CEO’s vision included majority equity ownership, with demands for control over the company’s board and operations. The company’s leadership, however, resisted these terms, leading to a stalemate.
According to OpenAI’s legal team, Musk’s wealth manager incorporated a public benefit corporation named “Open Artificial Intelligence Technologies Inc. ” in September 2017. This move marked a turning point in negotiations over ownership and governance. Musk’s insistence on controlling equity and leadership roles clashed with the priorities of OpenAI’s other founders.
By early 2018, tensions between Musk and OpenAI had reached a breaking point. Emails released by OpenAI show that Musk was initially supportive of the idea of a for-profit arm.
However, his later demands for majority control and leadership roles created friction with the rest of the team. This discord ultimately led to Musk’s departure and the establishment of his rival AI venture, xAI.
OpenAI’s for-profit transition creates tensions
In March 2019, OpenAI publicly announced the formation of a capped-profit entity to address funding challenges. The new structure allowed investors to earn returns up to a predefined limit while the nonprofit retained overall governance.
OpenAI’s decision to transition to a capped-profit structure was not made lightly. Internal discussions from 2017 and 2018 reflect a deep awareness of the trade-offs involved. While the nonprofit model aligned with the organization’s original mission, financial realities necessitated a shift to attract the level of investment required for cutting-edge AI research.
The AI company shared an advance copy of the announcement with Musk, who responded by requesting explicit clarification that he had no financial interest in the for-profit arm. Over the years, OpenAI’s founders reportedly offered Musk equity in the for-profit entity multiple times, but Musk declined.
Musk’s lawsuit, filed in August 2024, alleges that OpenAI’s collaboration with Microsoft has undermined its independence. The legal filing accuses the two organizations of sharing proprietary information and resources, potentially violating regulatory norms.
🚨BREAKING: ELON MUSK SUES OPENAI OVER AI THREAT
ELON IN SUIT:
“OpenAI, Inc. has been transformed into a closed-source de facto subsidiary of the largest technology company in the world: Microsoft.
Earlier this year, Microsoft, a major investor in the company, deepened its partnership with the company, integrating OpenAI’s models into its cloud computing services. This relationship has reportedly drawn scrutiny from competitors, including Google, which is requesting authorities to investigate its cloud arrangements.
OpenAI’s responds to Elon Musk’s lawsuit
OpenAI is now dismissing Musk’s claims, framing his lawsuit as an attempt to rewrite history. “You can’t sue your way to artificial general intelligence,” the organization said in a statement. “We have great respect for Elon’s accomplishments and gratitude for his early contributions to OpenAI, but he should be competing in the marketplace rather than the courtroom.”
In a new blog post, OpenAI throws down the gauntlet to Elon Musk: “You can’t sue your way to AGI” pic.twitter.com/06HOr5Ugjm
A Bloomberg report shows that besides the Tesla CEO’s lawsuit, the AI behemoth is facing mounting pressure to finalize its for-profit transition.
Investors in the company’s latest funding round have reportedly negotiated terms allowing them to withdraw their investments if the transition is not completed within two years. This urgency has added a layer of complexity to the ongoing legal dispute with Musk.
Musk’s motion for an injunction also seeks to block the firm’s collaboration with Microsoft. The filing alleges that the two companies’ close ties, particularly in cloud computing, could hinder fair competition in the AI sector. OpenAI and Microsoft have yet to respond directly to these specific allegations in court.
This articles is written by : Nermeen Nabil Khear Abdelmalak
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By Nermeen Nabil Khear 