Ex-OpenAI staffers back Musk's claim in latest filing

A group of former OpenAI employees has joined forces with high-profile legal experts to support Elon Musk's lawsuit challenging OpenAI's planned conversion from a nonprofit to a for-profit structure. 

In a proposed amicus brief, Harvard law professor and Creative Commons founder Lawrence Lessig and 12 ex-staffers argue that moving from the current nonprofit-led structure would fundamentally breach OpenAI's founding mission, which aims to ensure that artificial general intelligence (AGI) benefits all of humanity.

Lawsuit Background and Main Allegations

Musk's suit against OpenAI centres on the allegation that the company has strayed from its declared nonprofit mission. 

Originally established in 2015 as a nonprofit dedicated to ensuring the safe and beneficial development of AGI, OpenAI transitioned to a "capped-profit" model in 2019 to secure the funding needed for its ambitious research. 

The current dispute stems from plans to further restructure the firm into a public benefit corporation, or PBC, a move that critics contend would shift accountability from a mission-driven nonprofit to a profit-driven entity.

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According to the brief, such a conversion risks incentivising unsafe practices in the race to develop ever-more powerful AI technologies. 

Specifically, the ex-employees warn that the transformation could lead OpenAI to "cut corners" on safety and prioritise shareholder interests. 

Details from the Ex-Employee Amicus Brief

The amicus brief details internal assurances given during recruitment and internal meetings at OpenAI. It recounts an all-hands meeting in late 2020 when CEO Sam Altman reportedly emphasised that the nonprofit's governance was "paramount" to ensuring safety and broad societal benefits. 

The document underscores how the original structure was a significant draw for prospective employees and a critical factor that persuaded current staff to stay.

Notable former employees such as Gretchen Krueger and Daniel Kokotajlo have publicly criticised OpenAI's practices before. 

OpenAI responded to the allegations through a spokesperson, confirming that the nonprofit component "isn’t going anywhere." 

The spokesperson said that the company's board remains committed to the original mission despite changing organisational structure. "We're turning our existing for-profit arm into a public benefit corporation — the same structure as other leading AI labs — and ensuring that the nonprofit continues to hold a controlling stake," the person said, according to TechCrunch.

Musk's legal challenge is bolstered also by growing dissent from labor groups and other nonprofits, who argue that the conversion would divert OpenAI away from its intended path and mismanage its charitable assets. 

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