Elon Musk’s lawsuit against OpenAI accusing the company of abandoning its nonprofit mission was withdrawn in July, only to be revived in August. Now, in an amended complaint, the suit names new defendants including Microsoft, LinkedIn co-founder Reid Hoffman, and former OpenAI board member and Microsoft VP Dee Templeton.
The amended filing also adds new plaintiffs: Neuralink exec and ex-OpenAI board member Shivon Zilis and Musk’s AI company, xAI.
Musk was one of the original founders of OpenAI, which was meant to research and develop AI for the benefit of humanity, and was established as a non-profit originally. He left the company in 2018 after disagreements about its direction.
In the complaint, lawyers for Musk argue that OpenAI is now “actively trying to eliminate competitors” such as xAI by “extracting promises from investors not to fund them.” It’s also allegedly unfairly benefitting from Microsoft’s infrastructure and expertise in what Musk’s counsel describes in the filing as a “de facto” merger.
“xAI has been harmed by, without limitation … an inability to license OpenAI technology given Microsoft’s exclusive license … an inability to obtain compute from Microsoft on terms anywhere near as favorable as OpenAI receives … and the exclusive exchange between OpenAI and Microsoft of competitively sensitive information.”
Hoffman’s position on the boards of both Microsoft and OpenAI while also a partner at Greylock, the investment firm, gave Hoffman a privileged — and illicit — view into the companies’ dealings, the complaint alleges. (Hoffman stepped down from OpenAI’s board in 2023.) Greylock invested in Inflection, Musk’s counsel notes, the AI startup that Microsoft acqui-hired earlier this year — and which could reasonably be considered an OpenAI competitor, according to the complaint.
As for Templeton, whom Microsoft briefly appointed as a non-voting board observer at OpenAI, the amended filing alleges that she was in a position to facilitate agreements between Microsoft and OpenAI that would violate antitrust rules.
“The purpose of the prohibition on interlocking directorates is to prevent sharing of competitively sensitive information in violation of antitrust laws and/or providing a forum for the coordination of other anticompetitive activity,” the complai …