Musk Challenges Legality of OpenAI’s Microsoft Deal

Elon Musk is seeking a court ruling on the validity of OpenAI, Inc.’s exclusive license to Microsoft, arguing it may violate the non-profit mission and breach agreements. He also seeks clarification on whether GPT-4, GPT-4T, GPT-4o, and other next-generation models are AGI and thus outside the scope of the Microsoft license, if the license is valid. This action is intended to ascertain the rights and obligations under the license agreement and the classification of OpenAI’s technology.


This content originally appeared on HackerNoon and was authored by Legal PDF: Tech Court Cases

:::tip Elon Musk v OpenAI, Court Filing, retrieved on April 30, 2024, is part of HackerNoon’s Legal PDF Series. You can jump to any part of this filing here. This part is 27 of 29.

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COUNT XV: DECLARATORY RELIEF (Against All Defendants)

339. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 338 inclusive, as though fully set forth herein.

\ 340. By reason of the foregoing facts, an actual and justiciable controversy has arisen and now exists between Musk and Defendants as to whether OpenAI, Inc.’s exclusive license to Microsoft is valid. Alternatively, if the license is valid, an actual and justiciable controversy has arisen between Musk and Defendants as to whether GPT-4, GPT-4T, GPT-4o, and other OpenAI next generation large language models constitute AGI and are thus excluded from Microsoft’s license.

\ 341. Musk contends and Defendants deny that the Microsoft license violates OpenAI, Inc.’s non-profit mission and breaches the agreement between Musk, Altman, and OpenAI, Inc.

\ 342. Musk therefore desires a judicial determination that OpenAI, Inc.’s license to Microsoft is null and void. 343. Musk contends and Defendants deny that GPT-4, GPT-4T, GPT-4o, and other OpenAI next generation large language models constitute AGI and are thus outside the scope of OpenAI, Inc.’s license to Microsoft.

\ 344. Musk therefore desires a judicial determination that GPT-4, GPT4T, GPT-4o, and other OpenAI next generation large language models constitute AGI and are outside the scope of the license to Microsoft, to the extent the license is deemed valid by this Court.

\ 345. A declaration of the Court is necessary and appropriate pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 et seq., so the parties may ascertain their rights with respect to the aforesaid agreement, the license, and OpenAI’s AGI technology.

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\ This court case retrieved on August 05, 2024, deadline.com is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.

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This content originally appeared on HackerNoon and was authored by Legal PDF: Tech Court Cases


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