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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.

— CNBC’s Jordan Novet contributed reporting.

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Once a $40 billion fintech darling, Checkout.com is now valued at $12 billion

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Once a  billion fintech darling, Checkout.com is now valued at  billion

Guillaume Pousaz, CEO and founder of payment platform Checkout.com, speaking at the annual Web Summit technology conference in Lisbon, Portugal, in 2022.

Horacio Villalobos | Getty Images

LONDON — Fintech unicorn Checkout.com is giving staff a way of cashing in their shares: buying them out.

The London-headquartered payments platform said Friday that it plans to launch a share buyback initiative for employees to “provide them with a path to liquidity.”

The share buyback program is based on a new internal valuation of $12 billion, Checkout.com said. Although internal, the valuation marks a significant drop from its last fundraising round — Checkout.com was valued at $40 billion in a $1 billion funding round in 2022.

The company previously lowered its internal valuation to $11 billion in 2022, and then again to $9.35 billion in 2023. Checkout.com says it regularly monitors the value for its employees in its share incentive program.

The fintech competes with payment service providers such as Stripe, Adyen and PayPal. The company processes billions of dollars in transactions every year for the likes of eBay, IKEA and Sainsbury’s.

Such share sales have proven an increasingly popular way for startups to offer longtime employees and other investors liquidity, particularly as tech companies stay private for longer amid a multi-year decline in initial public offerings.

Checkout.com says it is now on track to exceed a target of 30% core net revenue growth this year and is forecasting $300 billion in annual e-commerce payment volume.

“We are relentlessly focused on growth and innovation, particularly with the impact of AI and the expected rise of agentic commerce,” said Guillaume Pousaz, the company’s CEO and founder, in a press release.

Several other private fintechs have opted to allow employees to sell shares in recent months.

In February, Stripe announced a tender offer allowing early investors and employees to sell shares at a valuation of $91.5 billion. Revolut, meanwhile, earlier this month offered staff the chance to sell shares on the secondary market at a $75 billion valuation.

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NASA Marshall Space Flight Center director Joseph Pelfrey resigns

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NASA Marshall Space Flight Center director Joseph Pelfrey resigns

A crane towers above the mobile launcher 2 adjacent the Vehicle Assembly Building at Kennedy Space Center on Tuesday, July 22, 2025.

Richard Tribou | Tribune News Service | Getty Images

The director of NASA’s Marshall Space Flight Center, Joseph Pelfrey, announced his resignation from the role on Thursday, CNBC confirmed.

Pelfrey said in an email to employees at the space agency that as NASA focuses on its mission to return humans to the moon, it will be “important for agency leadership to move forward with a team they choose to execute the tasks at hand.”

The email also said Pelfrey would work with NASA leaders to “pursue new ways” to “serve our space program and our great nation.” Pelfrey wasn’t immediately available to comment.

NASA confirmed Pelfrey’s resignation and said in an email to CNBC that the agency is proceeding “with a public, open competition to find the next permanent director at one of the agency’s most important centers for human spaceflight.”

At Marshall Space Flight Center, in Huntsville, Alabama, Pelfrey oversaw “7,000 onsite and near-site civil service and contractor employees,” and “an annual budget of approximately $5 billion,” according to a NASA web page describing his responsibilities. The space center now employs over 6,000 people, according to the center’s official government website.

Pelfrey had planned an all-hands conference with Marshall employees this week that was canceled, said agency staffers, who asked not to be named to discuss sensitive matters. They said Pelfrey’s resignation came as a surprise.

The White House’s 2026 budget request, which has not yet been enacted into law, includes funding for the space agency. However, NASA’s resources have declined amid Trump administration budget cuts.

About 4,000 NASA employees left through a deferred resignation program offered by the agency, and others were let go through cuts initiated by the Department of Government Efficiency (DOGE), an effort that was led by Elon Musk during his days with the Trump administration.

The administration also defunded and compelled the closure of the NASA Goddard Institute for Space Studies, which was housed in a building owned by Columbia University in New York.

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Tesla’s continuing sales slump in Europe weighs on stock price

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Tesla's continuing sales slump in Europe weighs on stock price

Elon Musk, CEO of SpaceX and Tesla, attends the Viva Technology conference at the Porte de Versailles exhibition center in Paris on June 16, 2023.

Gonzalo Fuentes | Reuters

Tesla shares fell more than 4% on Thursday after data out of Europe showed a continuing sales slump for the automaker, despite strong demand for fully electric vehicles in the region. 

Tesla EV registrations in Europe, a proxy for sales, fell by about 23% year-over-year in August, according to data from the European Automobile Manufacturers’ Association (ACEA) on Thursday.

There were 14,831 Tesla EV registrations in Europe last month, down from 19,136 in August 2024. In the first eight months of this year, Tesla EV registrations in Europe declined 32.6%, the ACEA said.

Meanwhile, total EV registrations throughout the region rose by around 26% through August compared to the same period in 2024. By contrast, registrations for petrol and diesel-powered vehicles declined by more than 20% over that stretch.

Still, RBC analysts wrote in a note on Thursday that they expect Tesla’s total deliveries for the third quarter could amount to 456,000, above a FactSet-compiled consensus of 448,000 deliveries and a Visible Alpha consensus of 440,000 deliveries.

The analysts expect a bump for Tesla as consumers rush to buy EVs in the U.S. before a $7,500 federal tax credit expires at the end of September.

Even with Thursday’s slide, Tesla’s stock has bounced back following a brutal start to the year. It’s now up 5% in 2025 after plunging 36% in the first quarter.

Musk’s political activism in the U.S. and beyond has hurt the Tesla brand and dampened its appeal to many prospective EV buyers.

Earlier this year, Musk endorsed Germany’s far-right AfD party, and this month he appeared by video at an anti-immigrant rally in the U.K. that turned violent. The rally was led by activist Tommy Robinson, a convicted fraudster with a violent criminal record.

British Prime Minister Keir Starmer rebuked Musk for “dangerous” comments that he made at the rally, where 26 police officers were injured. Musk told attendees, “violence is coming to you” and “you either fight back or you die.”

To revitalize interest in the brand, Tesla has said an affordable new model is in the works, which could help it fend off increased competition from the likes of Volkswagen, BYD and other EV makers that have been picking up market share.

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