Elon Musk Sues OpenAI and Its CEO in New Lawsuit Challenging Microsoft Partnership

Elon Musk Sues OpenAI and Its CEO in New Lawsuit Challenging Microsoft Partnership

As a long-time tech enthusiast and follower of the industry’s twists and turns, I must say that the latest legal battle between Elon Musk and OpenAI has certainly piqued my interest. This saga is not just about money or power, but rather the future of artificial intelligence and its impact on society.


Elon Musk is once again taking legal action against OpenAI due to their transition into profit-making operations, aiming this time to dissolve their business partnership with Microsoft.

A lawsuit filed in the Northern District of California on Thursday accuses Tesla’s founder of fraud and breach of contract, claiming that he was deceived when he invested around $45 million into an AI project. According to Musk, Sam Altman, the CEO, broke the law by collaborating with Microsoft to create a network of shady affiliates and misuse the venture’s non-profit resources and personnel, going against their agreement. In Musk’s words, this action involved Microsoft unlawfully appropriating the AI project’s assets and staff from its charitable division.

Elon Musk is pursuing a legal action aimed at annulling OpenAI’s exclusive licensing agreement with Microsoft, which grants them sole access to the underlying code of GPT-4. He also seeks triple damages and the return of profits connected to his investments in the company. The lawsuit includes names like Sam Altman (president) Greg Brockman, as well as several subsidiaries.

In the world of Hollywood, the use of AI tools in film production could soon become a hotly contested area among creators and studios. As OpenAI presents Sora, an advanced tool that generates highly realistic videos based on brief descriptions, it’s drawing attention from industry professionals as technology advances.

Marc Toberoff, an attorney representing Musk, often takes legal action on behalf of creators to reclaim the rights to their works from studios, warns that if AI tools are primarily controlled by a limited number of companies such as OpenAI and Microsoft, it poses a risk to creativity. “This case goes beyond financial aspects; the fate of Artificial General Intelligence is at stake,” he states.

AI technology is progressively being implemented in areas such as concept art, visual effects, and post-production, which often involves cost-cutting measures. This shift has led to some workers being replaced by these advanced systems.

In 2015, Musk became a co-founder of OpenAI alongside other prominent Silicon Valley investors. A lawsuit suggests that Altman deceived Musk based on messages as evidence, with Musk being informed via email that the technology would belong to the foundation and be used “for the betterment of humanity.”

As a gamer, I’d put it this way: “OpenAI, as established, is committed to making its technology accessible for everyone. It’s not about personal profit; instead, it’s all about the greater good. In fact, none of the company’s earnings or assets will ever be used to benefit any individual on the team, including directors, officers, or members.”

The lawsuit reveals that during Microsoft’s early attempts to court OpenAI, when Elon Musk was still part of the company, Satya Nadella’s team proposed a significant discount on their ‘Compute’ service in exchange for OpenAI publicly endorsing Microsoft’s products, as stated in the complaint from 2016.

“He expressed feeling quite queasy, as he put it in his message to Altman,” the lawsuit notes. “It’s disappointing and perfectly aligns with my expectations from them.”

Reflecting on the gaming world later that year, I found myself benefiting from an exciting collaboration between two giants – OpenAI and Microsoft. This union granted OpenAI with exclusive access to Microsoft’s cutting-edge tech stack for large-scale AI training, which undeniably leveled up the gaming experience we all know and love.

After parting ways with the board in 2018 due to a possible conflict of interest with Tesla, where he holds significant stake and is intensifying efforts in AI, Musk alleges that Altman orchestrated the creation of multiple profit-driven entities by the company. This includes OpenAI, L.P., which was specifically structured as a “capped-profit company.”

By establishing a profit-driven subsidiary, Altman is said to have shifted the personnel and resources of the non-profit sector to this new corporation. Furthermore, OpenAI’s numerous other entities were reportedly integrated into a “business network” for the purpose of exploiting the assets of the non-profit, according to the lawsuit, as part of a supposed “shell game.”

As a gamer, I’d put it this way: “According to the report, the non-profit only brought in around $44,485 in 2022. Yet, OpenAI, the same organization, is said to have made hundreds of millions just a year later. It’s all about the digital gold pieces here!”

Sam Musk claims that Altman provided misleading and concealed information to the board, even going so far as to fabricate details during business transactions. In his interactions with the nonprofit, he allegedly represented himself as an independent member of OpenAI Startup Fund’s board without disclosing his ownership of the company. The complaint also points out other instances where Altman is accused of self-dealing, such as OpenAI’s partnership with Reddit for a deal that allows Reddit content to be displayed on ChatGPT, and a $51 million chip deal with Rain, another firm in which he has substantial shares, according to the allegations.

“At present, according to what’s known so far, OpenAI is reportedly negotiating a contract with Helion Energy (a company that Altman has significant ownership in). This deal would involve OpenAI purchasing large amounts of electricity for its data centers, as stated in the lawsuit.”

On “The TED AI Show” podcast, Helen Toner, a former OpenAI board member who played a role in ousting Sam Altman in November but later saw him reinstated, stated that Altman had made it challenging for the board to carry out its mission of safely developing technology by occasionally telling untruths. The lawsuit alleges that Elon Musk and Microsoft collaboratively took control of OpenAI’s board, with the intention of weakening safety measures in order to prioritize profit-maximization.

After Musk dropped a lawsuit against OpenAI and Altman in June without providing an explanation, he has now filed a complaint. He has publicly expressed his criticism towards the company for deviating from its initial organizational framework.

Last year, Musk founded xAI, which has since reached a valuation of $24 billion.

Musk is represented by Toberoff, a well-respected copyright termination attorney in the entertainment industry. He’s filed lawsuits on behalf of Steve Ditko’s estate, who co-created Spider-Man and Doctor Strange, the inheritors of the writer whose magazine story gave birth to Top Gun, and Lance Hill, who penned the screenplay for Road House.

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2024-08-05 16:25