OpenAI Inc. and Microsoft will face a jury trial this spring after a federal judge rejected their efforts to dismiss Elon Musk’s lawsuit, which accuses the artificial intelligence startup of abandoning its original nonprofit mission. The ruling keeps alive claims that OpenAI misled the Tesla CEO about its charitable purpose while accepting billions of dollars in funding.
As noted in a report from Bloomberg News, a federal judge in Oakland, California, ruled that OpenAI Inc. and Microsoft failed to show that Musk’s claims should be dismissed. U.S. District Judge Yvonne Gonzalez Rogers stated that while the evidence remains unclear, Musk has maintained that OpenAI “had a specific charitable purpose and that he attached two fundamental terms to it: that OpenAI be open source and that it would remain a nonprofit — purposes consistent with OpenAI’s charter and mission.”
Judge Gonzalez Rogers also rejected an argument by OpenAI suggesting that Musk’s use of an intermediary to donate $38 million in seed money to the company stripped him of legal standing. “Holding otherwise would significantly reduce the enforcement of a large swath of charitable trusts, contrary to the modern trend,” Judge Gonzalez Rogers wrote.
The judge also declined to dismiss Musk’s fraud allegations, citing internal OpenAI communications from 2017 involving co-founder Greg Brockman. In an email cited by the judge, fellow OpenAI board member Shivon Zilis informed Musk that Brockman would “like to continue with the non-profit structure.”
Just two months later, however, Brockman wrote in a private note that he “cannot say that we are committed to the non-profit. don’t want to say that we’re committed. if three months later we’re doing b-corp then it was a lie.”
Marc Toberoff, a member of Musk’s legal team, said Judge Gonzalez Rogers’s ruling confirms that “there is substantial evidence that OpenAI’s leadership made knowingly false assurances to Mr. Musk about its charitable mission that they never honored in favor of their personal self-enrichment.”
OpenAI, for its part, maintained that Musk’s legal efforts are baseless. In a statement, the AI startup said it is looking forward to the upcoming trial. “Mr. Musk’s lawsuit continues to be baseless and a part of his ongoing pattern of harassment, and we look forward to demonstrating this at trial. We remain focused on empowering the OpenAI Foundation, which is already one of the best-resourced nonprofits ever,” OpenAI stated.
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