Musk urges court to block OpenAI’s ‘illegal’ for-profit conversion

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FILE PHOTO: OpenAI and ChatGPT logos are seen in this illustration taken, February 3, 2023. REUTERS/Dado Ruvic/Illustration/File Photo

Mr Elon Musk first sued OpenAI in California state court in February, dropped the case in June and filed a complaint in federal court in Oakland, California, in August.

PHOTO: REUTERS

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Billionaire Elon Musk has asked a US federal court to block OpenAI from pursuing an “illegal” conversion to a for-profit business, saying that a pause on the ChatGPT maker’s accelerating dominance is urgently needed to protect his own artificial intelligence start-up as well as the public. 

In his latest court filing, Mr Musk continued his

months-long attack on Mr Sam Altman,

nine years after they worked together to launch OpenAI as a non-profit with a stated mission to develop generative artificial intelligence for the benefit of society.

Mr Musk repeated his earlier claims that OpenAI broke its promises to him and abandoned its founding purpose as a charity when it accepted billions of dollars in backing from Microsoft starting in 2019.

He now says that without quick court intervention, it will soon be too late to stop Mr Altman’s “behemoth” from crushing its rivals. 

A spokesperson for OpenAI said Mr Musk’s filing “again recycles the same baseless complaints” and “continues to be utterly without merit”.

Mr Altman’s company is in early talks with the California attorney-general’s office over the process to change its corporate structure, Bloomberg News reported in November.

Mr Musk first sued OpenAI in California state court in February, dropped the case in June and filed a complaint in federal court in Oakland, California, in August.

The injunction he now seeks would put OpenAI’s restructuring on hold while the legal fight plays out.

Mr Musk is also asking the judge to prohibit OpenAI from entering into agreements with investors to “fund no competitors” that he says violate federal antitrust laws.

“Whatever leeway OpenAI might have been due under antitrust law as a purported charity it chose to forgo when it subordinated itself to Microsoft for profit,” Mr Musk’s lawyers wrote, saying OpenAI must play by the same rules as everyone else. “It cannot lumber about the marketplace as a Frankenstein, stitched together from whichever corporate forms serve the pecuniary interests of Microsoft and Altman at any given moment.”

Mr Musk’s AI start-up xAI was launched in 2023 and was valued at US$50 billion (S$66.9 billion) in a recent funding round. It has more than doubled in value since May. BLOOMBERG

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