Already in the sights of competition authorities for its close ties with Microsoft, OpenAI, the creator of ChatGPT, is now the subject of a complaint from billionaire Elon Musk, who accuses it of “betrayal” in relation to its mission initial.
The boss of Tesla, SpaceX and
In documents filed Thursday in a San Francisco court, the wealthy entrepreneur criticizes OpenAI and Sam Altman for not respecting the principles on which the company was founded.
The evolution of OpenAI in 2023 constitutes “a blatant betrayal of the founding agreement”, according to Elon Musk.
When it was born, OpenAI had the status of a non-profit organization, was to work for the good of humanity and design “open source” artificial intelligence (AI) programs (accessible, modifiable, usable and redistributable). by all).
Contrary to its initial objectives, OpenAI has not made public the code of its latest foundation model, GPT-4, “breaking the initial contract,” Elon Musk’s lawyers argue in the complaint.
The founding agreement has therefore been completely called into question, they say, accusing OpenAI of seeking to make profits “with potentially calamitous implications for humanity”.
“Have they strayed from what they proclaim to be their mission? I would clearly say yes,” Nikolas Guggenberger, professor of law at the University of Houston, told AFP. “But that’s not necessarily a sufficient basis for a lawsuit brought by someone who is no longer part of the project,” he added.
“De facto subsidiary” of Microsoft
“OpenAI has been transformed into a de facto subsidiary […] of the largest technology company in the world: Microsoft,” Musk’s lawyers continue.
The launch of ChatGPT at the end of 2022, the generative AI interface which made this content production technology (text, sound, images, etc.) widely known, transformed OpenAI into a star of Silicon Valley.
Microsoft has pumped some $13 billion into the organization in recent years, and both companies market generative AI services for developers and individuals.
“Contrary to the initial contract, [ils] have chosen to use GPT-4 not for the good of humanity, but as a proprietary technology aimed at maximizing the profits of the largest company in the world,” asserts Musk’s complaint.
Last year, he founded his own artificial intelligence company, xAI.
In particular, he demands that GPT-4 be excluded from the license granted by OpenAI to Microsoft, as well as damages.
Contacted by AFP, OpenAI did not react and Microsoft refused to comment.
“Elon is not wrong. […] He did not get what he paid and worked for,” reacted Gary Marcus, AI specialist, in his newsletter.
“Anyone making deals with Altman would be well advised to read it. The company that Sam (Altman) and Greg (Brockman) have built has little to do with what was originally promised. »
Investigations
OpenAI’s change of direction had already caused Sam Altman to be fired by his organization’s board of directors in November.
Supported by Microsoft and the overwhelming majority of the start-up’s employees, the young boss was reinstated a few days later and the Windows manufacturer obtained an observer seat on the board after the dismissal of Sam Altman’s critical members.
“This litigation at least has the advantage of shedding light on the decision-making process,” commented Anupam Chander, professor of law at Georgetown University.
“It puts pressure on OpenAI to explain how it still respects this original vision of creating artificial intelligence for the benefit of all humanity.”
OpenAI is also in the sights of regulators.
The European Commission, guardian of competition law in Europe, indicated in January that it was checking “whether Microsoft’s investment in OpenAI” could “be subject to examination”.
In the process, the American competition authority (FTC) announced an investigation into the investments of Microsoft, Google and Amazon in the main generative artificial intelligence start-ups, OpenAI and Anthropic.
According to the Wall Street Journal, the American stock market watchdog (SEC) is also examining Sam Altman’s internal communications as part of an investigation into the conditions of his ouster, then his return to the company in November.