Big tech, big money, big egos… this trial has it all.

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Tech titans Elon Musk and Sam Altman head to court in trial over OpenAI: What to know.

Musk’s lawsuit against OpenAI claims that the company violated its founding mission as a nonprofit to develop AI for the benefit of humanity by creating a for-profit entity in 2019.

His suit seeks the removal of OpenAI CEO Sam Altman and President Greg Brockman, as well as more than $150 billion in damages from OpenAI and Microsoft, which Musk has said he would provide to OpenAI’s nonprofit entity. Altman and Brockman were among OpenAI’s co-founders.

OpenAI is countering Musk’s claims by noting that the Tesla CEO pursued a merger with OpenAI and was involved with discussions about creating a for-profit entity for the company before his departure from its board of directors. They also view the suit as a tactic to boost his own AI startup, xAI, as a competitor to OpenAI.

The company’s 2019 creation of a for-profit entity governed by OpenAI’s nonprofit arm allowed the company to raise money from investors to scale up its computing capacity to facilitate AI research, which helped spur the launch of ChatGPT in late 2022.

OpenAI restructured again last fall, transitioning into a public benefit corporation in which its nonprofit arm as well as its other investors, including Microsoft, hold stakes. The nonprofit arm has a 26% stake with additional warrants if OpenAI’s valuation hits certain targets.

Musk’s legal team arrived at its estimate of damages owed to him by OpenAI by multiplying its valuation and a portion of the nonprofit’s stake that could be attributed to his contributions, claiming that between 50% and 75% of the OpenAI nonprofit’s stake can be attributed to him.

“Never before has a corporation gone from tax-exempt charity to a $157 billion for-profit, market-paralyzing gorgon – and in just eight years. Never before has it happened, because doing so violates almost every principle of law governing economic activity,” Musk’s suit claims.

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h/t Stephen Green