OpenAI says Elon Musk didn’t simply go away the corporate; he tried to take it over, and the AI analysis big says it has the emails to show it.
In a newly filed countersuit, OpenAI accuses Tesla CEO Elon Musk of trying a hostile takeover of the corporate he helped discovered, utilizing what it referred to as “bad-faith ways” and a “self-serving narrative.”
OpenAI seeks to dam Elon Musk’s alleged marketing campaign of harassment and disruption, centered on a sham $97 billion takeover bid, whereas searching for compensatory and punitive damages to be decided at a potential trial, together with injunctive aid to forestall additional interference.
Elon’s nonstop actions towards us are simply bad-faith ways to decelerate OpenAI and seize management of the main AI improvements for his private profit. Right now, we counter-sued to cease him.
— OpenAI Newsroom (@OpenAINewsroom) April 9, 2025
“These antics are simply historical past on repeat—Elon being all about Elon,” OpenAI’s official newsroom wrote in a scalding put up on X because it shared inner emails displaying Musk pushing to transform OpenAI right into a for-profit entity.
Whereas Musk has constantly argued that OpenAI strayed from its authentic nonprofit mission, OpenAI alleges Musk himself was the primary to push for a structural overhaul, as long as he was in cost.
As proven within the emails, in November 2015, Musk started questioning OpenAI’s construction in an e-mail to CEO Sam Altman, writing {that a} “customary C corp with a parallel nonprofit” would seemingly align incentives higher.
Decrypt has but to independently confirm the emails put forth by OpenAI. Representatives for Musk’s corporations, Tesla and SpaceX, didn’t instantly reply to Decrypt’s request for remark.
For-profit necessity
In June and July 2017, as OpenAI’s want for compute scaled with its Dota 2 experiments, Musk allegedly inspired growth, writing, “Let’s determine the least costly method to make sure compute energy shouldn’t be a constraint.”
And that summer season, discussions shifted. On July 13, 2017, Musk allegedly agreed a for-profit mannequin is perhaps obligatory. Days later, he warned that China’s AI ambitions had been another excuse to “change course.”
OpenAI claims that in September 2017, Musk made his transfer, pushing for “preliminary management” over OpenAI’s board in trade for capital and demanding to be CEO.
Emails from that month present him proposing a construction the place he’d appoint 4 out of seven board seats. “I’d unequivocally have preliminary management of the corporate,” he allegedly wrote.
OpenAI alleges Musk additionally directed his crew to include a for-profit shell firm, Open Synthetic Intelligence Applied sciences, Inc., with plans to rehouse OpenAI’s IP beneath it.
Pushback
However OpenAI pushed again. In a candid message, co-founders warned that Musk’s construction risked creating an “AGI dictatorship.”
They rejected the phrases. Musk’s response: “Discussions are over. I’ll not fund OpenAI.”
In January 2018, Musk allegedly proposed spinning OpenAI into Tesla, saying it was the one strategy to increase the billions wanted. “OpenAI is on a path of sure failure relative to Google,” he wrote.
In keeping with OpenAI, the crew declined once more, unwilling to grow to be a Tesla subsidiary. By February 2018, Musk resigned as co-chair and parted methods with OpenAI.
Years later, he has now returned, and this time by way of the courts.
In March, Musk’s lawsuit towards OpenAI sought to dam its transition to a capped-profit construction. A U.S. decide denied the injunction however agreed to an expedited trial, set for fall 2025.
OpenAI had beforehand launched Musk’s emails earlier final yr in response to the lawsuit, portray an image of a founder who, regardless of his public stance, was already advocating for revenue, exclusivity, and consolidation, years earlier than submitting go well with.
Amid the chaos, Musk has based a rival AI startup, xAI, which final month merged with X in an all-stock deal valuing xAI at $80 billion.
OpenAI, for its half, introduced a $40 billion funding spherical led by SoftBank, pushing its valuation to $300 billion. That’s practically 4 occasions the valuation tied to Musk’s xAI startup.
“We’re on the point of construct the best-equipped nonprofit the world has ever seen,” OpenAI mentioned in its countersuit. “The concept that we deserted the mission is fake. Elon’s personal emails make that clear.”
Edited by Sebastian Sinclair
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