OpenAI on Tuesday publicly responded to a lawsuit brought by co-founder Elon Musk, highlighting apparent hypocrisy on the part of the now-billionaire and early backer of the company.
In its response, OpenAI reproduced old emails from Musk in which the Tesla and SpaceX CEO encouraged the rising startup to raise at least $1 billion in funding, and agreed that it should “start being less open” over time and “not share” the company’s science with the public.
The reproduced messages follow a starkly different point of view Musk represented last week, when he sued OpenAI, CEO Sam Altman and President Greg Brockman, alleging breach of contract and unfair competition.
In the suit, Musk’s attorneys allege that the inner workings of OpenAI’s GPT-4 AI model are “a complete secret except to OpenAI—and, on information and belief, Microsoft,” and that the secrecy is driven by commercial purpose rather than safety. OpenAI said, “We intend to move to dismiss all of Elon’s claims.”
In November, Musk told an audience at the The New York Times’ DealBook conference that OpenAI had deviated from its original mission in his view.
“OpenAI should be renamed ‘super closed source for maximum profit AI,’ because this is what it actually is,” Musk said onstage at the event. He noted that it’s transformed from an “open source foundation” to multibillion-dollar “for-profit corporation with closed source.”
By contrast, Musk appeared to discourage OpenAI co-founders from taking a too-lean approach to fundraising, according to emails the company reproduced from December 2018. He wrote that OpenAI had a zero-percent chance of becoming a relevant competitor to Google’s DeepMind unless the startup made a “dramatic change in execution and resources.”
“My probability assessment of OpenAI being relevant to DeepMind/Google without a dramatic change in execution and resources is 0%. Not 1%. I wish it were otherwise,” Musk wrote in one email to fellow OpenAI co-founders Sutskever, Brockman and Altman. “Even raising several hundred million won’t be enough. This needs billions per year immediately or forget it.”
Musk is now the CEO of automaker Tesla, defense contractor SpaceX and the owner of X Corp., as well as the founder of brain computer interface startup Neuralink, and a would-be competitor to OpenAI that he named xAI.
Before he left OpenAI, the company said in its response to his lawsuit, “Elon wanted majority equity, initial board control, and to be CEO” of the AI venture. The startup also said in its blog post that Musk sought to become OpenAI’s CEO in 2017 as it was changing its structure.
Musk’s companies have, at times, attracted talent away from OpenAI. In the case of xAI, Musk positions the company’s first product, Grok, as competitive with OpenAI’s software ChatGPT.
In emails from January 2018 reproduced by OpenAI, Musk agrees with an unnamed sender who encouraged the startup’s co-founders to rely on Tesla as their “cash cow.” Going into the first quarter of 2018, Tesla reported a cash balance of $3.4 billion, after it reported a net loss of $2.24 billion for the full year in 2017 on revenue that year of $11.8 billion.
CNBC has not independently verified the authenticity of the emails included in OpenAI’s response on Tuesday, some of which contained partial redactions.
The “contract” at the heart of Musk’s recent lawsuit against OpenAI isn’t a formal written agreement signed by all parties involved in creating the company.
Instead, Musk via his attorneys argues that the early OpenAI team had forged agreements to develop artificial general intelligence, or AGI, “for the benefit of humanity” as a nonprofit. However, the project was transformed into a company with a complex corporate structure including a for-profit entity that Musk argues is largely controlled by Microsoft.
Musk used much of his legal complaint to remind the world of his central position in the creation of OpenAI, which has become one of the hottest startups on the planet, thanks largely to the viral spread of ChatGPT and image generator DALL-E.
OpenAI’s public response on Tuesday night mirrored executives’ memos sent to employees at the company last week.
Musk’s lawsuit and OpenAI’s response follow a rollercoaster few months for the company including board room drama, a reshuffling of the board and an investigation by financial regulators.
Attorneys for Elon Musk were not available to comment on Tuesday night after OpenAI published its response.
The Anduril Industries headquarters in Costa Mesa, California, US, on Thursday, Dec. 14, 2023.
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Defense tech startup Anduril Industries has raised $2.5 billion at a $30.5 billion valuation, including the new capital, Chairman Trae Stephens said on Thursday.
“As we continue working on building a company that has the capacity to scale into the largest problems for the national security community, we thought it was really important to shore up the balance sheet and make sure we have the ability to deploy capital into these manufacturing and production problem sets that we’re working on,” Stephens told Bloomberg TV at the publication’s tech summit in San Francisco.
Reports of the latest financing surfaced in February, around the same time the company took over Microsoft‘s multibillion-dollar augmented reality headset program with the U.S. Army. Last week, Anduril announced a deal with Meta to create virtual and augmented reality devices intended for use by the Army.
The latest funding round, which doubles Anduril’s valuation from August, was led by Peter Thiel’s Founders Fund. The venture firm contributed $1 billion, said Stephens, who’s also a partner at the firm.
Palmer Luckey, founder of Oculus and Anduril Industries, speaks during The Wall Street Journal’s WSJ Tech Live conference in Laguna Beach, California on October 16, 2023.
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Stephens said it’s the largest check Founders Fund has ever written.
Since its founding in 2017 by Oculus creator Palmer Luckey, Anduril has been working to shake up the defense contractor space currently dominated by Lockheed Martin and Northrop Grumman.
Anduril has been a member of the CNBC Disruptor 50 list three times and ranked as No. 2 last year.
Luckey founded Anduril after his ousting from Facebook, which acquired Oculus in 2014 and later made the virtual reality headsets the centerpiece of its metaverse efforts.
Stephens emphasized the importance of the recent partnership between the two sides, and “Palmer being able to go back to his roots and reach a point of forgiveness with the Meta team.”
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In April, Founders Fund closed a $4.6 billion late-stage venture fund, according to a filing with the SEC. A substantial amount of the capital was provided by the firm’s general partners, including Stephens, a person familiar with the matter told CNBC at the time.
Anduril is one of the most highly valued private tech companies in the U.S. and has been able to reel in large sums of venture money during a period of few big exits and IPOs. While the IPO market is showing signs of life after a three-plus year drought, Anduril isn’t planning to head in that direction just yet, Stephens said.
“Long term we continue to believe that Anduril is the shape of a publicly traded company,” Stephens said. “We’re not in any rapid path to doing that. We’re certainly going through the processes required to prepare for doing something like that in the medium term. Right now we’re just focused on the mission at hand, going at this as hard as we can.”
Alex Karp, Palantir CEO, and Chris Johnson, Teletracking co-CEO, joins CNBC’s “Squawk on the Street” on June 5, 2025.
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Palantir CEO Alex Karp said the artificial intelligence arms race between the U.S. and China will culminate in one country coming out on top.
“My general bias on AI is it is dangerous,” Karp told CNBC’s “Squawk on the Street” on Thursday. “There are positive and negative consequences, and either we win or China will win.”
Karp has been a vocal advocate for U.S. AI dominance. He told CNBC in January that the country needs to “run harder, run faster” in an “all-country effort” to develop more advanced AI models.
The billionaire tech CEO said Thursday that the U.S. currently has a leg up in the AI race and Palantir is leading the way in making companies more secure and efficient with its tools.
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“There is no economy in the world with this kind of corporate leadership which is willing to pivot, which understands technologies, which is willing to look at new things, but also has deep domain expertise,” he said. “Our allies in the West, in Europe, are going to have to learn from us.”
Shares of the Denver-based data analytics and AI software firm outperformed in 2024 and have continued their ascent in 2025 as investors bet on their software and work with key government contractors and agencies.
“You don’t like the price, exit,” Karp said Thursday in response.
Karp also asserted that the company is “not surveilling Americans” in response to recent New York Times report that Palantir is helping the Trump administration gather data on Americans.
Tesla CEO Elon Musk listens as U.S. President Donald Trump speaks to reporters in the Oval Office of the White House on May 30, 2025 in Washington, DC.
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Shares of Tesla slid about 5% Thursday as CEO Elon Musk continued his relentless pressure on Congress to “KILL” President Donald Trump‘s spending bill.
Musk in recent days has threatened to primary lawmakers who vote for the bill and called it a “disgusting abomination,” marking a significant shift in his comments about the administration.
The fall in shares comes as the EV maker saw a 22% rally in May despite weak sales numbers, with Musk wrapping his time as Trump’s Department of Government Efficiency, or DOGE.
Shares are down more than 20% this year and well off the high of $488.54 reached on Dec. 18.
Since Musk’s special government employee term ended Friday, he’s appeared at odds with the Trump administration and gone on a full assault against the president’s signature tax-cut bill.
“One of the things about Elon is when he goes all in, he goes all in,” Walter Isaacson, who wrote a book about Musk, told CNBC’s “Squawk Box” Thursday.
“He is somebody who’s not exactly calibrated in these things and he is seriously upset,” Isaacson said.
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The SpaceX and xAI CEO posted a stream of attacks against the Trump bill on X Wednesday.
Meanwhile, Tesla is facing more fundamental problems with plummeting sales of its electric vehicles in major markets in Europe, and a declining brand reputation in the West.
Tesla is also under pressure to launch a long-delayed, driverless ride hailing service this month in Austin.
While Musk has said that Tesla is already testing driverless vehicles in that market, its primary competitor Waymo is already operating a major commercial robotaxi service there in partnership with Uber.