Elon Musk Vs. OpenAI - The Lawsuit
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- Опубліковано 7 лют 2025
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Elon Musk filed a lawsuit last week against OpenAI and its CEO Sam Altman, alleging the company’s deal with Microsoft compromised the start-up’s original mission. Musk is seeking disgorgement, additional unspecified damages and specific performance.
Let’s go through these claims one by one, see what legal experts have been saying about the case. We will also discuss the Open AI memo saying that the claims in this lawsuit suit stem from Elon’s regrets about not being involved with the company today and the emails OpenAI released showing that Musk initially supported the plan to create a for-profit entity and wanted a merger that would make Tesla its "cash cow."
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I already am but thanks
I don't want to speak in a new language in 3 weeks, I want to rap in 2.
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Do they have a new language that I can learn to understand how 0% chance of success lead to this lawsuit
Your Honor.
On my reputation as UA-cams premier rap based financial review channel I can with 110% certainty declare that Elon Musk is a part of humanity.
Unfortunately, if the judge ever meets Musk, they would have questions about this claim
Biologically only.
I feel this needs testing. Let me propose a traditional test from Shakespeare: If you cut me do I not bleed?
Would the testers please form an orderly queue.
I have eyes. I'm not buying it.
@@michaelmoorrees3585 not so sure 😁😁😁😁
The most likely reason the suit was filed in California is that California specifically recognizes an enforces verbal contracts to an extent that other states typically do not. That said, even with diversity jurisdiction, the case would likely be decided using Delaware law, regardless of whether or not the case was actually tried within the borders of Delaware.
There are no assertions of a "verbal contract" in the complaint filed by Musk and his lawyers... They list emails and inception documents as a "quasi-contract"... He is simply dodging Delaware court because this kind of bs don't last very long in DE courts. Although it is likely to be dismissed in California, it'll just stay longer on the docket.
Yeah, maybe so... But the verbal contracts that you allude to, mostly have to do with the movie & music industries... I don't think that, that aspect of Cali law was to referee a pissing contest between two bored billionaires.
So only between bored millionaires.@Confucius_Says...
The problem is, the whole nonprofit-to-profit thing is actually quite bad, because it might have been done to ensure investors would accept having less control over the eventually for-profit entity by using charity as a mask, which would basically be a deceptive trade practice.
Also the 'Open' in Open AI is not open source as the founders are revealing right now in response to the lawsuit. They could have named it Humanity AI, Freedom AI, Social Service AI and so on.
@@softwarerevolutions I'm not sure I understand your point. Are you implying that any business with "Open" in it's name must make all its code / work publicly available?
Because otherwise I don't see how that name could have anything to do with a "deceptive trade practice".
Yes. When you are a tech company that produces software IP. Open means that only. Were it open source, there would already be a checker or tool to find out whose image it has been trained on or something like that. I am also saying because for many engineers and tech VC investors 'Open' amounts to a mythical holy grail that they can happily work for without getting anything in return. This already attracted a lot of talent, positive press, and investment starting from 2015 and people missed to see where it was all leading to.@@DoubLL
@@DoubLLthey raised money with the notion that it will be open source.
What’s interesting to me is just how much of the ‘i hate capitalism’ crowd is not addressing this very real concern simply due to their dislike of Musk.
So good to hear Patrick talk about what he loves "beef in the billionaire rap scene"....
Haters
It seems criminal to me that they can call it "OpenAI" and have no part of it be open source by any stretch of the imagination.
In anything Musk has been involved, words have no meaning.
@@sca04245 Elon Musk is the one who wants it to be open. You people just mouth off without even knowing what's going on.
@@MA-go7ee 'founder' 'full self driving' 'highly confident that'
@@MA-go7ee 2019: "It is financially insane to buy anything other than a tesla. It'll be like owning a horse in three years."
I often wonder how a financial youtuber could have one of the funniest channels on the platform.
both finance and comedy require high intelligence. He has it
his laurel n hardy dress sense
its rap news
@@martymarl4602 finance doesnt require hgh intelligence at all tho it can help in certain roles
Excellent visual aid. 10/10.
Damn you Patrick... Two minutes in and your set gag already has me spluttering coffee! Love the dry wit you pepper wry observation with.
No one deftly slides barbed wire under your arse like the “Wait, what?” John Malkovich of UA-cam commentators.
I don't think that it has conclusively been proved that Elon Musk is human.
I don't think it's positive to dehumanize people.
He's a demon
This is true I heard on 4chan he is a lizard person
Musk isn't Zuckerberg. Musk is very human. Very childish though.
He's an awful example, but yeah he's human... Unfortunately.
The cybertruck visual got me good
The problem with this "tax loophole" is that donating money only gets you limited say on what the nonprofit does. The nonprofit still has a fiduciary duty to the public to advance it's mission. This LLC as it's found apparently does as well. If they aren't acting accordingly the attorney general would have to be involved it sounds like.
Exactly, it cannot work as described here. I work in a different tech industry that often licenses tech from universities & nonprofit entities that receive various preferred tax treatment. It’s a given for us that we must set up a new entity to commercialize a product. We are not legally permitted to take investments to develop a technology while using a nonprofit structure to avoid taxes & regulation. It’s utterly absurd that anyone thinks this is feasible and I assume OpenAI, Microsoft & whoever else is involved is headed for a world of hurt eventually as a result of whatever was attempted here
Not if your Donald Trump. Example; he viewed his own non-profit as a profit center.
Well the attorney generals are apparently supposed to monitor these non-profits. I mean I'd be down for the IRS or another federal agency to have much greater rules for monitoring and nonprofit transparency. In a fair world, we do something about scientology and religions would have to separate for profit and nonprofit arms.
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Katja K try searching that name on google hahahahah
"Sussi la Cour is a Danish businesswoman and former porn actress."
COME ON MANN. DID I SEE THROW SOMETHING
I really appreciated and benefitted from the set theoretic explanations in the video. Thanks, Patrick.
The world would be a worse place if we all had the money to file lawsuits just because we were feeling salty 😂
Obviously the law firm Dewey, Cheatem and Howe is thinking of those sweet billable hours.
In a lot of places, you don't need much money to file lawsuits. Some of them have what amounts to legal welfare where fees and such are waived for sufficiently poor people. Most just don't have very high fees. Maybe a few hundred for the paperwork and stamps.
They have violated their founding mission. It's just that courts generally don't care and especially aren't going to fight Microsoft over. It would be a good legal precedent, but no, everyone should blindly hate on Musk and boot-lick Microsoft
Founding missions are not necessarily legally binding, but never mind...@@TheThreatenedSwan
@@unconventionalideas5683 that is the same as "sometimes they are legally binding"
Looks like Musk's legal brief was written by Chat Gpt😂
lol, but seriously I want to know what firm is handling this case for Musk.😅
I can sort of see Musk’s point, but I don’t think this case will go anywhere. Nor is he the best messenger.
It’s standardized for lots of law firms for some time.
@@MarcosElMalo2 this suit is being spearheaded by the law firm of Pay & For & My & Yacht
Case Chat GPT vs. Open AI
@@cycleistic1365 🤣🤣🤣🤣🤣
Absolutely outstanding! I am always impressed with your research, preparation and delivery of your videos. Well done. 👍🏻
Looking very dapper, sir. Wasn't expecting this today.
Exceptional.. May I add... "My Dad, when he was alive, used a lump hammer like a Sonic Screwdriver..., a man well ahead of his time"..., (As are you Patrick). Dave
Patrick really busting out set theory
Taking it to the max 😂
Best videos on UA-cam. Great topic, well explained, very thorough and insightful. I wish you released these more often. I love the way you think.
You are doing great work here! Consistent, always interesting, and informative.
That mathematical chart was SUPER helpful, thank you for sharing!
Have you guys heard about the lawyers asking for 6 Bil in fees, for the tesla payment package lawsuit? To be paid in Tesla shares. makes it to 288k an hour, lawyer costs. I should have been a lawyer!
Lmao no way any judge actually allows that it's Ludacris
Its not like the lawyers won a bunch of money for their client. They just forced Tesla to reconsider Musks compensation.
@durkdiggler4346 it is exceptionally hip hop alright
Thars great!I am happy for them!
@@durkdiggler4346Nothing to do with judges.
Come to think of it, isn't Elon Musk the same guy who upped the price of electric cars after having already pre-sold them at a set price and off with just a shrug of his shoulders, just expected people to pay the difference~?
That Venn Diagram did some important work. You should be paid
As a Delawarean I do appreciate Musk staying out of our state as much as possible. Good on him
Wow, I was not aware about the importance of 50 cent for the development of AI.
It’s a metaphor for its value next year.
That's why we need Patrick - he gives us these nuggets of rap genius!
The dry humour.. awesome 😎
Very interesting topic.
It was filed in CA because it would have already been dismissed as BS in DE.
so true. as silicon valley continues to spiral i assume we will see even more of this type of legal dumbassery
This video reinforces my impression that Elon Musk wants to live in a world where he controls everything.
_Amen. The guy frightens me._
Isn't Elon Musk the person who, for $100K, lets you drive a stainless steel refrigerator?
I love the hand drawn diagram ❤😂
If Elon was profiting off of OpenAI, he sure as hell wouldn't have sued them now lmao.
Can be said for almost any lawsuit ever
Youre right. But I still think OpenAI is too dangerous for progress to be made for any interest other than the public's. So I still think the lawsuit is a good thing to bring foreward.
I guess this sort of lawsuit is what should be expected if a company's founders were all microdosing when they formed their enterprise...
@moipaslui2924 "barely any effect"... sir, with all respect, if you think "microdosing" is not a form of tripping, then you are tripping... Using hallucinogens as a stimulant enhances the psychotic component of one's actions even if the person who has dosed themself does seem "functional" to others...
zzz@@ElbowShouldersen
You're uneducated on the subject and should speak less on it. Microdosing is a near bullshit concept and hasn't even been proven. They were either tripping or not. Tell me you're scared of psychotropics without saying that...
Good video, thanks for explaining it.
Mr, Boyle, I've been consuming your content for like a day and this is probably the quickest I've subscribed to someone. Great content, and I'm not business oriented I'm an engineer, so you make things detailed yet understandable. I also like your level of well deserved shade.
Brilliant take down 🙏
I'm somewhat concerned that the reason the lawsuit sometimes refers to the recipient of the fiduciary duty of the company interchangebly between him and humanity is that Musk believes himself to be a voice of humanity.
It wouldn't be completely out of character for that wacko.
I can totally see him standing, towering over his team of lawyers, screaming "I AM HUMANITY, I AM THE LAW".
And I also apologise if the statement above is not clearly worded, English is not my first language.
I can imagine that too.
Musks extraordinary narcissism knows no bounds.
No problem with your comment. You still got the point across quite clearly.
As preposterous as imagining Fauxi declaring “I REPRESENT SCIENCE”.
Oh wait…
The guy is a megalomaniac. 😑
Thank you for another wonderful video! You've covered this issue so completely it's difficult to think of anything to comment on. It does seem like the most interesting aspect of the lawsuit is the spotlight it throws upon OpenAI's unusual corporate structure. A for-profit company controlled by a non-profit company does seem a bit like having your cake and eating it too. As you said, they can do things like have a close corporate relationship with Microsoft while still avoiding antitrust issues. It sounds like the US government will have the last word on that.
Yes! I want to see Mr Patrick B as expert witness, willing to pay good money to fly/stay at the city where the case will be held.
I want to see Mr Patrick's expert testimony on (w)rap music and the implication(s) on OpenAI and E. Musk. =)))
That bow tie is absolutely God tier
Musk missed the boat that wasn't accepting passengers, complains that he isn't the captain and argues that this is an affront to everyone and therefore they should work for free and also give him money. That about sum it up?
Did anyone else notice that Babel has a promise of results over 3 weeks (21 days)
and a money-back guarantee up to 20 days?
Once you have donated to charity and claimed a tax benefit, your investment is gone. All you have is a feeling of virtue.
Haven't watched this yet, but already know the humour is going to be drier than the Sahara. And more scathing than something very scathing.
I absolutely love your occasional creative deadpan humour
10/10 Outfit (and video), Mr. Boyle.
This thumbnail deserves an award.
Patrick makes the world better! Love his way to inform. Mixes facts and knowledge with humor!!! ❤ love it!!!
Elons mad he isn’t in charge and can’t tell the world how great he is for running OpenAI 😂.
What a cry baby
‘Founder of’ more like
@@calebhare2416Irrelevant, founders get pushed out or leave all the time.
He’s just complaining about OpenAI’s success & how he can’t take credit for shit. He literally said the organization/company would fail when he left.
Then Altman worked with others to bring it to fruition despite that.
Hes mad that they labotomised it for the benefit of operation mockingbird
THIS....Apartheid Clyde has sour grapes syndrome
@lolitsnito like he forced out the tesla founders and pretended to be the sole founder.
Awesome !! Thank you
Hopefully Ilon would not get yourself bankrupt too fast with all of those lawsuits, as I barely accustomed to loss of Credit Suisse references.
😂😂😂😂😂 Credit Suisse was the gift that kept on giving... Until they went under...
@@Confucius_Says... Too sad, it was my comic relief bank.
@@makuru.42 🤣🤣🤣👌
He left OpenAI years ago, and made no legal contract on how OpenAI should be continued, and he thinks he gets a say so on how OpenAI should continue??? When he left OpenAI he forfeited that right. Now he has just as much say so as any other standard employee that quits OpenAI
Literally taking his ball and went home because they wouldn't let him be CEO.
Biggest cry baby ever.
So the tl/dr is that Musk is rich enough to file a nuisance lawsuit.
Is there any way both Musk and OpenAI can lose this case? Because that seems like the ideal outcome to me.
Tbf, the idea of non-profits turning into corporations when they've built something sellable is a frightening loophole. Tho that's obviously not musks motivation here.
love u Patrick
Musk is right open AI set a bad example of Non profit organization. However Musk did not think open AI will be this successful otherwise he would never have donated or asked for stake and good ownership structure before giving them the initial capital he feels owed billions and this is the real issue.
He's clearly salty that he didn't get in on it with AI, like when he demanded a 6 month stop on AI development to probably get own progress at Tesla to catch up
"This house fire is out of control and needs to be put out!" says man who brought the fuel and matches to the arsonist meetup, after he didn't get reimbursed his costs.
Elon's just sore that Open AI is way out in front of his own AI efforts and that he made a big mistake by not staying involved.
AI has been one of Elon's hobby horses for a long time. That he's well behind the curve, with Open AI way out in front, and probably Google too, irks him no end, especially since it was his own decision that he walked away from Open AI.
Basically, Musk believes he has special insight into AI, yet he finds himself as somewhat of an also-ran as the company he helped organize is now way out in front, showing that he made a huge mistake in not staying involved.
Meanwhile, the EV market oversupplied - recently Apple took a decision to stop working on EVs and devote the AI resources in the project to AGI, in part because they no longer see how to make money in EVs. Taking nothing away from Elon in having the insight on how to make EVs popular, it seems pretty clear that the competitive landscape for Tesla is just going to get harder and harder.
In other words, AGI now overshadows EV in terms of tech sexiness. But Musk finds himself way behind on AGI, so he wants to force Open AI to basically give him all the tech they have, for free.
@@cv990a4yeah this is probably the best comment I’ve seen explaining this. I highly doubt Elon expects to win this lawsuit but he could get OpenAI to divulge some their tech which I’d bet is what he’s actually after
@@cv990a4 yes, and he's also way behind the likes of Mistral and Stability, who make genuinely open source models. If he'd done something similar he might have had more of a case rather than his 'based' for profit LLM that no-one actually uses.
Patrick Boyle is probably the only person who can pull off being a great comedian, rap news reporter and finance expert! 😁
Thank you Patrick.
I come here for knowledge and humour and this time you hit ball out of the park Patrick, lol!
Way to rock the bow tie!
Fashion icon.
@@djsmithe
fashionista, rap afficionado, is there nothing this man can't do?
@@jerrymartin7019 Make sense of Credit Suisse.
@@jerrymartin7019 I like his velvet jacket. It probably Tom Ford.
On the heels of the new Prada collection as well. I think it's a bold move executed flawlessly.
I love this guys deadpan delivery…the illustration was perfect!
You should have over 1Mil subscribers.
I'm just not sure that any billionaire in 2024 would actually welcome a statement declaring that they are legally still a part of humanity, and the associated implications that they might bear the same rights and responsibilities to humanity as everyone else. That's just not a very cash money thing to do.
Patrick with the ice cold fit in this video 🥶🤵♂️ but for real even if I think, I’m well educated on the subject, Patrick can always provide insight
looking sharp Patrick👔
He always looks sharp. All his suits look bespoke.
Sartorial sponsorship by Chevrolet.
Set A and set B 😂😂😂
I'm gasping for air, Patrick! 😂
🎯 Key Takeaways for quick navigation:
00:00 *💼 Elon Musk filed a lawsuit against OpenAI, alleging that its deal with Microsoft compromised its original mission.*
00:41 *🏛️ OpenAI's unusual corporate structure, initially as a tax-exempt nonprofit, later established a holding company allowing investment with capped profit returns.*
03:37 *💰 Musk's lawsuit raises concerns about tax policy and corporate structures, suggesting that startups may exploit tax breaks by launching as nonprofits before transferring to for-profit ventures.*
11:45 *🔍 Musk's lawsuit seeks specific performance from OpenAI, demanding the release of all source code into the public domain and ending Microsoft's exclusive license agreement.*
17:51 *🔄 Musk's competing for-profit AI ventures raise questions about the sincerity of his protests against OpenAI's pursuit of AI profit for investors.*
Made with HARPA AI
A fair summary.
I fucking love this guy’s deadpan style. Well done, my guy.
He has autism.
I was hoping for this vid
Before you sign a contract you should consult legal experts. Never consult illegal experts.
2:52 You're overthinking it. Elon Musk, as the only human being to have ever mattered or who will ever matter, is functionally equivalent to humanity. Certainly, what is in his interest is by definition in humanity's interest, and there is nothing truly in humanity's interest that is not also beneficial to Musk.
I love your deadpan style, but the way you said “Encantanto de conocherte” was so cute, it gave me years of life 🥹
Some of the arguments in the case have merit but Elon asking for damages is comical.. what did they damage? his ego?
How will this lawsuit affect my strategy of selling low and buying high?
Musk is one of the business people of all times for sure
Re the visual aid - hahahahahahaha. 😅
Thank-you for that sincerely.
Makes one wonder if this is really about OpenAI, but more about the tax code considering the current issues with R&D tax credits being revoked a couple years back.
Basically Elon wanted the whole company under Tesla and also wanted him to be presented as CEO of Open A.I like he has done in many of his own companies .
Simple .
BOW TIE!
Your dunking on Apartheid Clyde always makes my day ☺️ thank you!
Are you a 100% sure the subset of Elon Musk falls under humanity?
Thankyou Patrick for pitching your expert analysis into Musk's gimme gimme tantrums
Hi Patrick great content as always. My request would be to cover the Feds withdrawal of the Bank Term Funding Program and whether this would lead to another round of collapse from Regional banks thanks as always! ☺️
I love his acid humour.
brilliant!
3:00
I don't know if that's a good idea Patrick. Appearing as an expert witness outside the subject of rap seems odd.
Patrick por favor diga alguna frase en español!! Sería un hecho inédito escuchar su acento!
OpenAI… whatever founder agreement is or is not, the intent and sharing of their research/progress is right there for everyone to see, in the name of the organization.
Even Musks day has only 24 hours. Instead of spending time with his lawyers I thought he has other stuff to fix
If I was a billionaire, I would do all the random side quest as much as I want.
I think he fixes stuff by staying away so people who actually know what they're doing can get stuff done.
Musk has been deploying lawyers ro take companies since Paypal. This is how he get his money
It sure isn't a side quest. Its the main event
Spending time with his lawyers? That’s not happening😊
Lately he’s been breaking more than fixing. More time spent with his lawyers means less time for dumb Twits.
I don't get it? he's right? You can't be a non-profit, write off investments on tax, then get 100x your money back as profit...
Wait wait wait. Wait a minute. "Set aflame"?
Is this... are they doing Glass Onion? Is that what this is?
Please never stop making videos, Patrick. You are awesome.
Loving the bow tie!
I love what you have done with your hair
We need to do a poll. Should Patrick get head tattoos? Not on his face. That’s gross and LC. But a tasteful tatt of the Ace of Spades behind one of his ears would be pretty bad ass.
Not a huge fan of Musk, but he's right on this one. It would be ridiculous if startups could just flag themselves as non-profits for tax purposes until they start making a profit.
It depends on who owns the for-profit company. If it’s the non-profit that owns it (or owns a majority stake if the FPC is a joint venture), it might be totally kosher. What about taxes? The FPC venture is subject to taxes on profits before they’re passed through to the NFP.
Imagine a museum with a bookshop or gift shop. The museum is a NFP organization, but it operates the gift shop as a for-profit venture. Any profits from the gift shop get funneled to the museum.
Obviously there are differences between the hypothetical museum and OpenAI, but it should be the starting point of how we think about this.
However, my intuition also tells me that Musk has a point. The problem is that he’s a really bad messenger for this point, with questionable motivation and a high degree of hypocrisy, not to mention that his legal ground is quicksand.
lololol
@@MarcosElMalo2 As much as I hate Musk, America deserves this for letting only money talks. OpenAI deserves a comeuppance but instead of Joseph Saveri Law Firm's Class Action Lawsuit, America gets Elon Musk to do the talking.
Until the JS Class Action lawsuit made public, I had to swallow my spit until OpenAI got their just deserved from Elon. Though there are more reason to lambast Elon like the poor Cybertruck engineering, carbon credit black market, and electro vehicle battery wastes still.
I hate that a serious question had to be bundled with a nuisance lawsuit, but I know lawyers are happy that they finally got paid to address this crap in public. Regardless, this lawsuit will set a precedence which the lawyers are also happy to finally gets an excuse to enact the process.
Can you imagine having so much free time and money that you can file absurd lawsuits against your competitors and perceived enemies??? I'm not sure I would waste my time.
I thought Musk was too busy "building Tesla cars".
@@theultimatereductionist7592right 😂
His argument is sound, it's just that the courts never go after 501c3s for violating their charter unless they're organizations the state doesn't like. But I'm glad the hate for Elon means we'll ignore that OpenAI is now a subsidiary of Microsoft
Trump does this all the time, and then stiffs his attorneys. If you don't have a boatload of money, don't anger a rich sleeze.
You've done nothing with your time anyway, so who cares about if you'd bother or not?