In case you aren’t terminally online, as the kids say, there’s a popular meme that uses a photo of a balding man with a steely gaze and the caption “Heartbreaking: The worst person you know just made a great point” (apparently the man’s name is Josep Maria García, and he is from Spain; the picture was taken in 2014 during a trip to Barcelona, during which he helped his photographer brother-in-law set up a photoshoot). I was reminded of this meme again while reading all of the coverage of Elon Musk’s lawsuit against OpenAI, which just started court proceedings in federal court in California. Some of you may remember that I wrote about this for The Torment Nexus, in November of 2024, and in that piece I argued that despite having a ton of terrible opinions about a wide range of things, Musk has a number of points in his OpenAI lawsuit that I think are worth considering. Believe me, I don’t like being in this position, but just because he is a difficult or terrible person doesn’t mean he doesn’t make some good points.
To recap, Musk originally sued OpenAI two years ago, accusing the company of breaching a contract by putting profits ahead of its original goal of developing artificial intelligence in the public interest. In particular, Musk alleged that the multibillion-dollar deal between OpenAI and Microsoft — which at the time gave the software company a stake in anything developed by OpenAI up until the achievement of what it called “artificial general intelligence,” or human-like abilities — contravened the company’s pledge to develop AI safely and to make the technology publicly available. The lawsuit came just a few months after OpenAI cofounder Sam Altman survived a boardroom coup in which a number of board members (all of whom have now left the company) tried to have him removed. Here’s how the New York Times described the Musk lawsuit:
Mr. Musk’s lawsuit said he became involved with OpenAI because it was created as a nonprofit to develop artificial intelligence for the “benefit of humanity.” A key component of that, the lawsuit said, was to make its technology open source, meaning that it would share the underlying software code with the world. Instead, the company created a for-profit business unit and restricted access to its technology. The lawsuit, which seeks a jury trial, accused OpenAI and Mr. Altman of being in breach of contract and violating fiduciary duty, as well as unfair business practices. Mr. Musk is asking that OpenAI be required to open up its technology to others and that Mr. Altman and others pay back Mr. Musk the money that Mr. Musk gave to the organization.
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