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Elon Musk, chief executive officer of Tesla Inc., speaks at the Atreju convention in Rome, Italy, on Saturday, Dec. 16, 2023. The annual event, organized by Giorgia Meloni’s Brothers of Italy party, began in 1998 as a convention for right-wing youths and has evolved into a political kermesse, including ministers and members of the opposition.

Alessia Pierdomenico | Bloomberg | Getty Images

OpenAI has challenged a foundational claim Tesla CEO Elon Musk made in the lawsuit he filed against the startup earlier this month.

As it seeks to commercialize its ChatGPT chatbot and underlying artificial intelligence models, OpenAI faces a slew of legal battles, including the one from Musk and cases over copyright infringement from the New York Times and authors. OpenAI reacted to Musk’s complaint last week by deriding it in a memo to employees and releasing emails involving him that go back to its earliest days.

Musk, who claimed breach of contract at the startup that he backed, referred in his complaint earlier this month to a 2015 “founding agreement” with him and two other OpenAI co-founders, Sam Altman and Greg Brockman. The three were agreeing that a new AI lab would be a nonprofit for the benefit of humanity and that it would not keep information private for commercial benefit, Musk said.

He went on to say that in releasing the GPT-4 large language model last year without providing scientific details for public consumption, OpenAI breached that agreement.

“There is no Founding Agreement, or any agreement at all with Musk, as the complaint itself makes clear,” OpenAI said in a document on file with California’s superior court for San Francisco County. “The Founding Agreement is instead a fiction Musk has conjured to lay unearned claim to the fruits of an enterprise he initially supported, then abandoned, then watched succeed without him.”

Musk quoted OpenAI’s 2015 certificate of incorporation with the Delaware secretary of state, asserting that it “memorialized” the founding agreement. But OpenAI responded by saying that Musk’s complaint lacked an actual agreement.

The Microsoft-backed startup called Musk’s claims frivolous. But in a Monday blog post it said it was asking the court to designate the case as complex and obtain dedicated case management for it, because it involves AI and its claims go back almost 10 years.

In his complaint, Musk mentioned that, regarding OpenAI’s 2017 plan to establish a for-profit organization, he told Brockman, Altman and OpenAI co-founder Ilya Sutskever to “[e]ither go do something on your own or continue with OpenAI as a nonprofit.”

OpenAI said in its filing, dated March 6, that if the case were to go to discovery, evidence would show that Musk was on board with the startup gaining for-profit structure.

Musk has his own AI lab called X.AI, which has released a chatbot called Grok that’s available through X, formerly known as Twitter, which Musk acquired in 2022. The startup will release Grok’s code under an open-source license this week, Musk said in an X post on Monday.

OpenAI’s ChatGPT had 100 million weekly users as of November.

“Seeing the remarkable technological advances OpenAI has achieved, Musk now wants that success for himself,” OpenAI said in its filing. “So he brings this action accusing Defendants of breaching a contract that never existed and duties Musk was never owed, demanding relief calculated to benefit a competitor to OpenAI.”

WATCH: Sam Altman rejoins OpenAI board of directors

Sam Altman rejoins OpenAI board of directors

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Nvidia positioned to weather Trump tariffs, chip demand ‘off the charts,’ says Altimeter’s Gerstner

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Nvidia positioned to weather Trump tariffs, chip demand 'off the charts,' says Altimeter's Gerstner

Altimeter CEO Brad Gerstner is buying Nvidia

Altimeter Capital CEO Brad Gerstner said Thursday that he’s moving out of the “bomb shelter” with Nvidia and into a position of safety, expecting that the chipmaker is positioned to withstand President Donald Trump’s widespread tariffs.

“The growth and the demand for GPUs is off the charts,” he told CNBC’s “Fast Money Halftime Report,” referring to Nvidia’s graphics processing units that are powering the artificial intelligence boom. He said investors just need to listen to commentary from OpenAI, Google and Elon Musk.

President Trump announced an expansive and aggressive “reciprocal tariff” policy in a ceremony at the White House on Wednesday. The plan established a 10% baseline tariff, though many countries like China, Vietnam and Taiwan are subject to steeper rates. The announcement sent stocks tumbling on Thursday, with the tech-heavy Nasdaq down more than 5%, headed for its worst day since 2022.

The big reason Nvidia may be better positioned to withstand Trump’s tariff hikes is because semiconductors are on the list of exceptions, which Gerstner called a “wise exception” due to the importance of AI.

Nvidia’s business has exploded since the release of OpenAI’s ChatGPT in 2022, and annual revenue has more than doubled in each of the past two fiscal years. After a massive rally, Nvidia’s stock price has dropped by more than 20% this year and was down almost 7% on Thursday.

Gerstner is concerned about the potential of a recession due to the tariffs, but is relatively bullish on Nvidia, and said the “negative impact from tariffs will be much less than in other areas.”

He said it’s key for the U.S. to stay competitive in AI. And while the company’s chips are designed domestically, they’re manufactured in Taiwan “because they can’t be fabricated in the U.S.” Higher tariffs would punish companies like Meta and Microsoft, he said.

“We’re in a global race in AI,” Gerstner said. “We can’t hamper our ability to win that race.”

WATCH: Brad Gerstner is buying Nvidia

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YouTube announces Shorts editing features amid potential TikTok ban

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YouTube announces Shorts editing features amid potential TikTok ban

Jaque Silva | Nurphoto | Getty Images

YouTube on Thursday announced new video creation tools for Shorts, its short-form video feed that competes against TikTok. 

The features come at a time when TikTok, which is owned by Chinese company ByteDance, is at risk of an effective ban in the U.S. if it’s not sold to an American owner by April 5.

Among the new tools is an updated video editor that allows creators to make precise adjustments and edits, a feature that automatically syncs video cuts to the beat of a song and AI stickers.

The creator tools will become available later this spring, said YouTube, which is owned by Google

Along with the new features, YouTube last week said it was changing the way view counts are tabulated on Shorts. Under the new guidelines, Shorts views will count the number of times the video is played or replayed with no minimum watch time requirement. 

Previously, views were only counted if a video was played for a certain number of seconds. This new tabulation method is similar to how views are counted on TikTok and Meta’s Reels, and will likely inflate view counts.

“We got this feedback from creators that this is what they wanted. It’s a way for them to better understand when their Shorts have been seen,” YouTube Chief Product Officer Johanna Voolich said in a YouTube video. “It’s useful for creators who post across multiple platforms.”

WATCH: TikTok is a digital Trojan horse, says Hayman Capital’s Kyle Bass

TikTok is a digital Trojan horse, says Hayman Capital's Kyle Bass

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Tech stocks sink after Trump tariff rollout — Apple heads for worst drop in 5 years

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Tech stocks sink after Trump tariff rollout — Apple heads for worst drop in 5 years

CEO of Meta and Facebook Mark Zuckerberg, Lauren Sanchez, Amazon founder Jeff Bezos, Google CEO Sundar Pichai, and Tesla and SpaceX CEO Elon Musk attend the inauguration ceremony before Donald Trump is sworn in as the 47th U.S. president in the U.S. Capitol Rotunda in Washington, Jan. 20, 2025.

Saul Loeb | Via Reuters

Technology stocks plummeted Thursday after President Donald Trump’s new tariff policies sparked widespread market panic.

Apple led the declines among the so-called “Magnificent Seven” group, dropping nearly 9%. The iPhone maker makes its devices in China and other Asian countries. The stock is on pace for its steepest drop since 2020.

Other megacaps also felt the pressure. Meta Platforms and Amazon fell more than 7% each, while Nvidia and Tesla slumped more than 5%. Nvidia builds its new chips in Taiwan and relies on Mexico for assembling its artificial intelligence systems. Microsoft and Alphabet both fell about 2%.

Semiconductor stocks also felt the pain, with Marvell Technology, Arm Holdings and Micron Technology falling more than 8% each. Broadcom and Lam Research dropped 6%, while Advanced Micro Devices declined more than 4% Software stocks ServiceNow and Fortinet fell more than 5% each.

Read more CNBC tech news

The drop in technology stocks came amid a broader market selloff spurred by fears of a global trade war after Trump unveiled a blanket 10% tariff on all imported goods and a range of higher duties targeting specific countries after the bell Wednesday. He said the new tariffs would be a “declaration of economic independence” for the U.S.

Companies and countries worldwide have already begun responding to the wide-sweeping policy, which included a 34% tariff on China stacked on a previous 20% tax, a 46% duty on Vietnam and a 20% levy on imports from the European Union.

China’s Ministry of Commerce urged the U.S. to “immediately cancel” the unilateral tariff measures and said it would take “resolute counter-measures.”

The tariffs come on the heels of a rough quarter for the tech-heavy Nasdaq and the worst period for the index since 2022. Stocks across the board have come under pressure over concerns of a weakening U.S. economy. The Nasdaq Composite dropped nearly 5% on Thursday, bringing its year-to-date loss to 13%.

Trump applauded some megacap technology companies for investing money into the U.S. during his speech, calling attention to Apple’s plan to spend $500 billion over the next four years.

Evercore ISI's Amit Daryanani on keeping Apple's outperform rating despite tariffs

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