GoKawiilNine California jurors are now deliberating over the future of OpenAI, the world-leading artificial intelligence lab.
While the trial exploring Elon Musk’s case against OpenAI’s other cofounders and Microsoft has covered territory ranging from the breakup of the founders in 2018 to Altman’s firing and rehiring in 2023, the jurors will be considering a set of fairly narrow questions.
Breach of charitable trust — essentially, did OpenAI and cofounders Sam Altman and Greg Brockman violate a specific agreement with Musk to use his donations to OpenAI for a specific, charitable purpose and not general use by the non-profit?
Unjust enrichment — did the defendants use Musk’s donations to enrich themselves through OpenAI’s for-profit arm, instead of for charitable purposes?
Aiding and abetting breach of charitable trust — Did Microsoft, through its interactions with OpenAI, know that Musk had specific conditions on its donations, and play a significant role in causing harm to Musk?
OpenAI has also made three arguments in its defense that the jury will weigh:
Statute of limitations — a legal deadline by which a lawsuit must be filed. Here, if OpenAI can prove that any harms to Musk happened before August 5, 2021 for the first count; August 5, 2022 for the second count; and November 14, 2021 for the first count, then his claims will be moot.
Unreasonable delay — Musk, by filing his lawsuit in 2024, delayed his claim in a way that made his request for damages unreasonable.
Unclean hands — a legal doctrine holding that Musk’s conduct related to his claims against OpenAI was unconscionable and renders them invalid.
If Musk wins out, it could mean the end of OpenAI as a for-profit company, but it’s not entirely clear what will result. Next week, the judge will begin a set of new hearings where lawyers from both sides will debate what the consequences of a verdict in favor of the plaintiffs might be. That process could be rendered moot by a negative verdict, however.
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