From Silicon Valley to Wall Street to Washington, the Successful cases that Elon Musk filed against Openai And his CEO, Sam Altman, has become subject A. It is the hottest soap for in the business world.
But among the lawyers, the case has become a kind of fascination for a different reason: it poses a series of unique and unusual unprecedented legal questions. And we still do not know what would constitute “win” in a case like this, since it seems to have been out of the personal frustration of Musk and philosophical differences with the Open AI, a company that he helped to find then to leave.
The trial – which opposes one of the richest men in the world against the most advanced IA society in the world, supported by Microsoft, one of the most precious companies in the world – maintains that Optai, an organization to A non -profit goal which created a for -profit subsidiary in 2019 in 2019, violated a contract to operate in the public interest and violated its functions by diverting its founding objective to benefit humanity.
Musk lawyers – led by Morgan Chu, partner of Irell & Manella who is known as “the man of $ 5 billion” For its victories record – I want the court forced Openai to open its technology to others and to stop the granting of the authorization in Microsoft, which has invested billions in its partnership with the start -up.
Among the questions that lawyers and academics ask after examining the 35 -page complaint of Musk:
Has Musk even standing to continue? “One of the differences with non -profit organizations compared to other societies is that, in general, nobody other than the attorney general of the State has standing to pursue the kind of thing he complains, like not following your mission, “said Peter Molk, professor of law at the University of Florida, said about the Musk trial. This is probably why Musk’s lawyers present the case as a breach of contract instead of attacking the company’s non -profit status.
Musk also alleges that Optai has violated her fiduciary obligation, but that the accusation has his own challenges, said lawyers, given that such complaints are traditionally treated in Delaware, not in California, where the trial was filed. (Musk, of course, has a Sadly famous relationship with the state of Delaware.)