OpenAI has challenged a foundational claim Tesla CEO Elon Musk made in the lawsuit he filed against the startup earlier this month. As it seeks to commercialize its ChatGPT chatbot and underlying artificial intelligence models, OpenAI faces a slew of legal battles, including the one from Musk and cases over copyright infringement from the New York Times and authors. OpenAI reacted to Musk’s complaint last week by deriding it in a memo to employees and releasing emails involving him that go back to its earliest days.

Musk, who claimed breach of contract at the startup that he backed, referred in his complaint earlier this month to a 2015 “founding agreement” with him and two other OpenAI co-founders, Sam Altman and Greg Brockman. The three were agreeing that a new AI lab would be a nonprofit for the benefit of humanity and that it would not keep information private for commercial benefit, Musk said. He went on to say that in releasing the GPT-4 large language model last year without providing scientific details for public consumption, OpenAI breached that agreement.

In his complaint, Musk mentioned that, regarding OpenAI’s 2017 plan to establish a for-profit organization, he told Brockman, Altman and OpenAI co-founder Ilya Sutskever to “[e]ither go do something on your own or continue with OpenAI as a nonprofit.” OpenAI said in its filing, dated March 6, that if the case were to go to discovery, evidence would show that Musk was on board with the startup gaining for-profit structure. Musk has his own AI lab called X.AI, which has released a chatbot called Grok that’s available through X, formerly known as Twitter, which Musk acquired in 2022.

OpenAI responded to Musk’s complaint by stating that there is no Founding Agreement, or any agreement at all with Musk, as the complaint itself makes clear. The Microsoft-backed startup called Musk’s claims frivolous. But in a Monday blog post, it said it was asking the court to designate the case as complex and obtain dedicated case management for it, because it involves AI and its claims go back almost 10 years. OpenAI’s ChatGPT had 100 million weekly users as of November. “Seeing the remarkable technological advances OpenAI has achieved, Musk now wants that success for himself,” OpenAI said in its filing.

The legal battle between OpenAI and Elon Musk showcases the complexities of disputes in the tech world, especially when it comes to artificial intelligence and intellectual property rights. Both parties have presented their arguments, and it is now up to the court to determine the validity of Musk’s claims against OpenAI. As the case unfolds, it will be interesting to see how it impacts the future of AI development and collaboration in the industry.

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