Musk's Last Stand Against OpenAI's Profit Shift

Elon Musk took a hit in his legal fight against OpenAI this week, but a federal judge's ruling might give him and others who are against OpenAI's shift to a for-profit model some hope.
Musk's lawsuit targets OpenAI, along with Microsoft and OpenAI's CEO Sam Altman, claiming that OpenAI has strayed from its original nonprofit goal of making sure its AI research helps everyone. OpenAI started as a nonprofit back in 2015 but switched to a "capped-profit" setup in 2019. Now, they're looking to become a public benefit corporation.
Musk tried to get a preliminary injunction to stop OpenAI from going for-profit, but U.S. District Court Judge Yvonne Gonzalez Rogers in Northern California said no on Tuesday. However, she did raise some legal concerns about OpenAI's planned change.
In her ruling, Judge Rogers pointed out that "significant and irreparable harm is incurred" when public funds are used to turn a nonprofit into a for-profit. OpenAI's nonprofit still holds a majority stake in its for-profit side and could get billions from the transition.
Judge Rogers also mentioned that some of OpenAI's co-founders, including Altman and president Greg Brockman, promised not to use OpenAI to make themselves rich. She said the court is ready to fast-track a trial in the fall of 2025 to sort out these corporate restructuring issues.
Musk's lawyer, Marc Toberoff, told TechCrunch they're happy with the judge's decision and plan to take up the offer for a quicker trial. OpenAI hasn't said if they'll do the same and didn't respond right away to TechCrunch's request for comment.
Judge Rogers' comments on OpenAI's for-profit move aren't great news for the company.
Tyler Whitmer, a lawyer for Encode—a nonprofit that filed a brief in the case arguing that OpenAI's for-profit shift could harm AI safety—told TechCrunch that Judge Rogers' ruling casts a "cloud" of uncertainty over OpenAI's board. Attorneys general in California and Delaware are already looking into the transition, and Judge Rogers' concerns might push them to dig deeper, Whitmer said.
There were some victories for OpenAI in the ruling, though.
Judge Rogers found that the evidence Musk's team used to show OpenAI broke a contract by taking about $44 million from Musk and then moving toward a for-profit model wasn't strong enough for a preliminary injunction. She noted that some emails showed Musk himself thinking OpenAI might go for-profit one day.
She also said that Musk's company, xAI, which is also suing, didn't prove it would suffer "irreparable harm" if OpenAI's for-profit conversion went ahead. Judge Rogers wasn't convinced by the plaintiffs' arguments about Microsoft breaking interlocking directorate laws or that Musk had standing under a California law against self-dealing.
Musk, who used to back OpenAI, is now one of its biggest critics. His company, xAI, is in direct competition with OpenAI in developing cutting-edge AI models. Musk and Altman are now fighting for legal and political clout under a new presidential administration.
The stakes are high for OpenAI. They reportedly need to finish their for-profit conversion by 2026, or some of the money they recently raised could turn into debt.
At least one former OpenAI employee is worried about what the transition could mean for AI governance. Speaking to TechCrunch anonymously to protect their job prospects, the ex-employee said they think the change could put public safety at risk.
The nonprofit structure of OpenAI was meant to keep profit motives from overshadowing its mission to benefit all of humanity with AI research. But if OpenAI becomes a traditional for-profit company, there might be nothing to stop it from putting profits first, the former employee told TechCrunch.
They also said that OpenAI's nonprofit status was a big reason they joined the company.
In just a few months, we'll start to see how many obstacles OpenAI will face in its for-profit transition. Regulators, AI safety advocates, and tech investors will be watching closely.
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Musk's battle with OpenAI is wild! I mean, going from a non-profit to a profit-chasing giant? That’s a plot twist I didn’t see coming. It’s like watching a sci-fi movie where the hero fights the corporation he helped build. Hope the judge’s ruling shakes things up! 🤖
A batalha legal de Musk contra a OpenAI está ficando intensa! 🚀 Ele está lutando contra a mudança de lucro, mas é um caminho difícil. A decisão do juiz dá um pouco de esperança, mas não tenho certeza se será suficiente. Musk, continue pressionando, mas talvez também se concentre em seus outros empreendimentos? 🤔
マスクのOpenAIに対する法的闘争が激化していますね!🚀 彼は利益の変動に反対していますが、道のりは厳しいです。裁判官の判決で少し希望が見えますが、十分かどうかはわかりません。マスク、頑張ってください、でも他の事業にも集中した方がいいかも?🤔
머스크의 OpenAI에 대한 법적 싸움이 치열해지고 있어요! 🚀 그는 이익 변화를 반대하고 있지만, 길은 험난해요. 판사의 판결로 조금 희망이 보이지만, 충분할지 모르겠네요. 머스크, 계속 밀고 나가세요, 하지만 다른 사업에도 집중하는 게 좋을까요? 🤔
¡La batalla legal de Musk contra OpenAI se está intensificando! 🚀 Está luchando contra el cambio de beneficios, pero es un camino difícil. El fallo del juez da un poco de esperanza, pero no estoy seguro de que sea suficiente. Musk, sigue presionando, pero ¿quizás también te concentres en tus otros ventures? 🤔

Satya Nadella ready to exploit new OpenAI deal
On Wednesday, a Wall Street analyst asked Microsoft CEO Satya Nadella directly how the revised OpenAI partnership would affect the company’s financials.Nadella described the new agreement as a win for everyone. “We feel good about our partnership wit
OpenAI outlines AI economy with public wealth funds, robot taxes, and four-day week
As governments struggle to manage the economic impact of superintelligent machines, OpenAI has released a set of policy proposals outlining how wealth and work could be reshaped in an "intelligence age." The ideas blend traditional left-leaning mecha
Greg Brockman reveals how Elon Musk departed OpenAI
In late August 2017, key figures at OpenAI—then a small nonprofit research lab—met to discuss how they would establish a for-profit entity to commercialize their technology and raise the capital needed to achieve AGI.Elon Musk was demanding full cont
Musk's battle with OpenAI is wild! I mean, going from a non-profit to a profit-chasing giant? That’s a plot twist I didn’t see coming. It’s like watching a sci-fi movie where the hero fights the corporation he helped build. Hope the judge’s ruling shakes things up! 🤖
A batalha legal de Musk contra a OpenAI está ficando intensa! 🚀 Ele está lutando contra a mudança de lucro, mas é um caminho difícil. A decisão do juiz dá um pouco de esperança, mas não tenho certeza se será suficiente. Musk, continue pressionando, mas talvez também se concentre em seus outros empreendimentos? 🤔
マスクのOpenAIに対する法的闘争が激化していますね!🚀 彼は利益の変動に反対していますが、道のりは厳しいです。裁判官の判決で少し希望が見えますが、十分かどうかはわかりません。マスク、頑張ってください、でも他の事業にも集中した方がいいかも?🤔
머스크의 OpenAI에 대한 법적 싸움이 치열해지고 있어요! 🚀 그는 이익 변화를 반대하고 있지만, 길은 험난해요. 판사의 판결로 조금 희망이 보이지만, 충분할지 모르겠네요. 머스크, 계속 밀고 나가세요, 하지만 다른 사업에도 집중하는 게 좋을까요? 🤔
¡La batalla legal de Musk contra OpenAI se está intensificando! 🚀 Está luchando contra el cambio de beneficios, pero es un camino difícil. El fallo del juez da un poco de esperanza, pero no estoy seguro de que sea suficiente. Musk, sigue presionando, pero ¿quizás también te concentres en tus otros ventures? 🤔





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