(COMBO) This combination of pictures created on 1 March 2024 shows Sam Altman, CEO of OpenAI in San Francisco, California, on 16 November 2023 and X (formerly Twitter) CEO Elon Musk in Krakow, on 22 January 2024. Elon Musk has launched a legal case against OpenAI, the AI firm he helped to set up in 2015, accusing its leaders of a "betrayal" of its founding mission. The tycoon, who left OpenAI in 2018, argued in documents filed in a San Francisco court 29 February 2024 that the firm was always intended as a non-profit entity. ANDREW CABALLERO-REYNOLDS, Sergei GAPON / AFP
BUSINESS

Elon Musk escalates legal battle against OpenAI and Microsoft

Elon Musk's Legal Battle Intensifies Over Alleged Conspiracy to Suppress AI Competition

Anna Price

Elon Musk has escalated his legal dispute with OpenAI by amending a lawsuit initially filed earlier this year. The Tesla CEO's updated complaint, filed in federal court in Northern California, now accuses OpenAI, Microsoft, and venture capitalist Reid Hoffman of violating antitrust laws and conspiring to stifle competition in the artificial intelligence (AI) sector.  

The lawsuit, which includes Musk's start-up xAI and Shivon Zilis—an executive at Musk’s Neuralink and a former OpenAI board member—as co-plaintiffs, alleges that OpenAI and its partners are working to suppress rival AI firms. Musk asserts that OpenAI’s partnership with Microsoft, which has invested over $13 billion in the AI company, allowed the two to exchange competitively sensitive information, undermining fair competition.  

Musk’s complaint also criticizes Reid Hoffman, a Microsoft board member and former OpenAI board member, alongside Microsoft executive Dee Templeton, for creating “interlocking directorates” that facilitate the sharing of proprietary data. "The prohibition on interlocking directorates exists to prevent sharing of competitively sensitive information," the complaint states.  

Musk has long accused OpenAI’s leadership of straying from its original mission to responsibly develop AI for the public good. He co-founded OpenAI in 2015 but left in 2018, prior to its multibillion-dollar partnership with Microsoft. The lawsuit claims that OpenAI’s move toward commercial interests, including its insistence that investors refrain from supporting competitors like xAI, violates foundational agreements.  

Jason Deutrom, OpenAI’s spokesperson, dismissed Musk’s latest filing, calling it “baseless and overreaching.” Microsoft declined to comment, and Hoffman has yet to respond to the allegations.  

The case comes amid broader concerns about competition and ethical practices in the AI industry, with major players vying for dominance in a rapidly evolving field. Whether Musk’s lawsuit will reshape the dynamics of the AI landscape remains to be seen.