Musk’s amended lawsuit against OpenAI names Microsoft as defendent

Musk’s lawsuit against OpenAI accusing the company of abandoning its nonprofit mission was withdrawn in July, only to be revived in August.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.

In the complaint, lawyers for Musk argue that OpenAI is “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, who Microsoft briefly appointed 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 complaint reads. “Allowing Templeton and Hoffman to serve as members of OpenAI’s …. board undermined this purpose. “

Per the amended complaint, Zilis, who stepped down from OpenAI’s board in 2023 after serving as a member for roughly four years, has standing as an “injured employee” under California Corporations Code. Zilis repeatedly raised concerns over OpenAI’s dealmaking internally that fell on deaf ears — concerns substantially similar to Musk’s, according to the complaint.

Zilis has close ties to Musk, having worked as a project director at Tesla from 2017 to 2019 in addition to directing Neuralink research. (Neuralink is Musk’s brain-computer interface venture.) She’s also the mother of three of Musk’s children, Techno Mechanicus and twins Strider and Azure.

The 107-page amended complaint includes the unusual detail that OpenAI CEO Sam Altman proposed that OpenAI sell its own cryptocurrency in September 2017, before it ultimately decided to transition to a capped-profit structure. Musk supposedly shot down the crypto sale idea.

The thrust of the lawsuit remains the same on the plaintiff’s side: that OpenAI profited from Musk’s early involvement in the company yet reneged on its nonprofit pledge to make the fruits of its AI research available to all. “No amount of clever drafting nor surveit of creative dealmaking can obscure what is happening here,” reads the complaint. “OpenAI, Inc., co-founded by Musk as an independent charity committed to safety and transparency … [is] fast becoming a full for-profit subsidiary of Microsoft.”