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Musk may still have a chance to thwart OpenAI's for-profit conversion | TechCrunch

Mar 09, 2025 - techcrunch.com
Elon Musk's lawsuit against OpenAI, which challenges its transition from a nonprofit to a for-profit entity, faced a setback as a federal judge denied his request for a preliminary injunction. However, the judge expressed concerns about the potential harm to the public interest and the foundational commitments made by OpenAI's co-founders not to use the organization for personal enrichment. The court has offered an expedited trial in 2025 to address the restructuring disputes, and Musk's legal team plans to accept this offer. The ruling also highlighted insufficient evidence from Musk's side to prove a breach of contract or irreparable harm.

Despite the denial of the injunction, the judge's comments have cast regulatory uncertainty over OpenAI's board, with ongoing investigations by attorneys general in California and Delaware. OpenAI's need to complete its for-profit conversion by 2026 adds pressure, as failure to do so could convert recent capital into debt. Concerns remain about the implications for AI governance and public safety if OpenAI prioritizes profit over its mission to benefit humanity. The situation is being closely monitored by regulators, AI safety advocates, and tech investors.

Key takeaways:

  • Elon Musk's request for a preliminary injunction to halt OpenAI's transition to a for-profit was denied by U.S. District Court Judge Yvonne Gonzalez Rogers, but she expressed concerns about the conversion.
  • Judge Rogers noted that OpenAI's nonprofit currently holds a majority stake in its for-profit operations, and the conversion could result in significant financial compensation for the nonprofit.
  • Musk's legal team is pleased with the decision for an expedited trial in fall 2025, while OpenAI has not yet responded to whether it will accept this offer.
  • There is regulatory uncertainty over OpenAI's board of directors, with attorneys general in California and Delaware investigating the transition, potentially leading to more aggressive probes.
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