According to Cointelegraph, billionaire Elon Musk has filed a motion to prevent OpenAI, the creator of ChatGPT, from transitioning into a for-profit entity. Musk's legal action, submitted on November 30, accuses OpenAI, its CEO Sam Altman, President Greg Brockman, and stakeholder Microsoft of engaging in anti-competitive practices that violate the terms of Musk’s initial contributions to the organization.
Musk, who co-founded OpenAI in 2015 and served on its board until 2018, has since established xAI, the company behind the AI chatbot Grok. He claims that OpenAI's practices are detrimental to xAI. Musk's legal team argues that OpenAI's shift from a nonprofit to a for-profit giant involves anti-competitive behaviour, breaches of its charitable mission, and self-serving actions. The motion, filed in the US District Court Northern District of California, highlights a series of exclusive agreements between OpenAI and Microsoft, which Musk's lawyers describe as predatory. These agreements allegedly allow the two companies to dominate nearly 70% of the generative AI market, restricting competitors' access to investment capital while benefiting from shared sensitive information.
Musk's lawyers assert that allowing these practices to continue will harm xAI and the public, who are increasingly concerned about the rapid and potentially unsafe development of AI products. They argue that OpenAI's deviation from its original mission is a betrayal not only to Musk but to the public as well. While California law permits a nonprofit to convert to a for-profit stock corporation, OpenAI maintains that it remains nonprofit at its core, with a for-profit subsidiary to raise capital and attract talent, under the nonprofit's direction. Musk's legal team insists that an injunction is necessary to preserve OpenAI's nonprofit character, stating that the organization no longer resembles its original promise.
OpenAI has responded to Musk's actions, claiming that he is using the judicial system to gain an advantage for his competing AI company, xAI. OpenAI argues that Musk's complaint lacks merit and should be dismissed. In a related incident, Musk threatened to ban Apple devices from his companies when Apple announced plans to integrate OpenAI’s ChatGPT into its operating systems. Despite this, Apple launched its own AI initiative, Apple Intelligence, on October 28.