Elon Musk adds Microsoft as defendant in his lawsuit against OpenAI

Elon Musk has amended his lawsuit against OpenAI, adding more anti-trust claims against the company and including Microsoft as a defendant. He also added his company, xAI, as well as Shivon Zilis, a former OpenAI board member and mother to three of his children, as plaintiffs. Musk originally sued OpenAI in March, accusing founders Sam Altman and Greg Brockman of violating the organization’s non-profit mission by teaming up with Microsoft. He withdrew the state court lawsuit in June before suing OpenAI and Altman again in federal court.

Musk was one OpenAI’s earliest backers, and one of his arguments was that he was “betrayed by Mr. Altman and his accomplices.” In response to his lawsuit, OpenAI published old emails from 2015 to 2018 in a blog post, wherein it claimed that Musk was involved in the planning when the company first explored transitioning into a for-profit structure. xAI’s founder allegedly wanted majority equity, control of the initial board of directors and the CEO position and even suggested merging OpenAI with Tesla. Musk left the organization in 2018 before Microsoft invested the first billion in OpenAI. Since then, Microsoft has invested $13 billion in the generative AI firm, and OpenAI has taken steps to complete its transformation into a more traditional for-profit company with a non-profit arm.

As TechCrunch notes, the amended lawsuit argues that OpenAI is “actively trying to eliminate competitors,” including xAI, by making investors promise not to fund them. xAI has been harmed by OpenAI’s and Microsoft’s exclusive exchange of “competitively sensitive information,” the lawsuit also says. Musk’s new complaint names LinkedIn co-founder Reid Hoffman and Microsoft VP Dee Templeton as defendants, as well, for being involved with both OpenAI and Microsoft boards. As for why Zilis was named as a plaintiff, the lawsuit says it’s because the former OpenAI board member and current director of Neuralink repeatedly raised concerns over OpenAI’s deals that were similar to Musks.