On February 29, 2024, two new lawsuits were filed against OpenAI, bringing the total of new lawsuits against OpenAI to 4 lawsuits in just two days, including the two new copyright suits.
The most high profile lawsuit is the one brought by Elon Musk against Sam Altman and OpenAI. Musk was one of the initial funders of the nonprofit OpenAI when it formed in 2015. Musk left the board in 2018, although the reason may differ depending on whose account is believed. But Musk has not been shy in voicing his displeasure with the current OpenAI.
Musk’s Complaint alleges that Altman and OpenAI have breached the Founding Agreement:
The Founding Agreement was also memorialized, among other places, in OpenAI, Inc.’s December 8, 2015 Certificate of Incorporation, which affirmed that its “resulting technology will benefit the public and the corporation will seek to open source technology for the public benefit when applicable. The corporation is not organized for the private gain of any person.” Ex. 1 at 1. The Certificate of Incorporation further affirmed that all of the corporation’s property was “irrevocably dedicated” to these agreed purposes. Id.
Musk’s lawsuit against OpenAI casts into a new light Microsoft’s announcement this week of a $16 billion investment in the French AI startup Mistral AI, a competitor to OpenAI! That deal must be approved by EU competition regulators, however.
To download the Complaint in Musk v. Altman, click below:
