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Elon Musk is asking a federal court to stop OpenAI from converting into a fully for-profit business.

Attorneys representing Musk, his AI startup xAI, and former OpenAI board member Shivon Zilis filed for a preliminary injunction against OpenAI on Friday. The injunction would also stop OpenAI from allegedly requiring its investors to refrain from funding competitors, including xAI and others.

The latest court filings represent an escalation in the legal feud between Musk, OpenAI and its CEO Sam Altman, as well as other long-involved parties and backers including tech investor Reid Hoffman and Microsoft.

Musk had originally sued OpenAI in March 2024 in a San Francisco state court, before withdrawing that complaint and refiling several months later in federal court. Attorneys for Musk in the federal suit, led by Marc Toberoff in Los Angeles, argued in their complaint that OpenAI has violated federal racketeering, or RICO, laws.

In mid-November, they expanded their complaint to include allegations that Microsoft and OpenAI had violated antitrust laws when the Chat GPT-maker allegedly asked investors to agree to not invest in rival companies, including Musk’s newest startup, xAI.

Microsoft declined to comment.

 In their motion for preliminary injunction, attorneys for Musk argue that OpenAI should be prohibited from “benefitting from wrongfully obtained competitively sensitive information or coordination via the Microsoft-OpenAI board interlocks.”

“Elon’s fourth attempt, which again recycles the same baseless complaints, continues to be utterly without merit,” an OpenAI spokesperson said in a statement.

OpenAI has emerged as one of the biggest startups in recent years, with ChatGPT becoming a major hit that has helped usher massive corporate enthusiasm over AI and related large language models.

Since Musk announced xAI’s debut in July 2023, his newer AI business has released its Grok chatbot and is raising up to $6 billion at a $50 billion valuation, in part to buy 100,000 Nvidia chips, CNBC reported earlier this month.

“Microsoft and OpenAI now seek to cement this dominance by cutting off competitors’ access to investment capital (a group boycott), while continuing to benefit from years’ worth of shared competitively sensitive information during generative AI’s formative years,” the lawyers wrote in the filing.

The attorneys wrote that the terms OpenAI asked investors to agree to amounted to a “group boycott” that “blocks xAI’s access to essential investment capital.”

The lawyers later added that OpenAI “cannot lumber about the marketplace as a Frankenstein, stitched together from whichever corporate forms serve the pecuniary interests of Microsoft.”

In July, Microsoft gave up its observer seat on OpenAI’s board, although CNBC reported that the Federal Trade Commission would continue to monitor the influence of two companies over the AI industry.

FTC Chair Linda Khan announced at the beginning of the year that the federal agency would initiate a “market inquiry into the investments and partnerships being formed between AI developers and major cloud service providers.” Some of the companies that the FTC mentioned as part of the study included OpenAI, Amazon, Alphabet, Microsoft and Anthropic.

In the filing, attorneys for Musk also argue that OpenAI should be prohibited from “benefitting from wrongfully obtained competitively sensitive information or coordination via the Microsoft-OpenAI board interlocks.”

OpenAI originally debuted in 2015 as a non-profit and then in 2019, converted into a so-called capped-profit model, in which the OpenAI non-profit was the governing entity for its for-profit subsidiary. It’s in the process of being converted into a fully for-profit public benefit corporation that could make it more attractive to investors. The restructuring plan would also allow OpenAI to retain its non-profit status as a separate entity, CNBC previously reported.

Microsoft has invested nearly $14 billion in OpenAI but revealed in October as part of its fiscal first-quarter earnings report that it would record a $1.5 billion loss in the current period largely due to an expected loss from OpenAI.

In October, OpenAI closed a major funding round that valued the startup at $157 billion. Thrive Capital led the financing while investors, including Microsoft and Nvidia, also participated.

OpenAI has faced increasing competition from startups such as xAI, Anthropic and tech giants such as Google. The generative AI market is predicted to top $1 trillion in revenue within a decade, and business spending on generative AI surged 500% this year, according to recent data from Menlo Ventures.

CNBC reached out to attorneys for Musk on Saturday. They did not respond to requests for comment.

— CNBC’s Hayden Field contributed reporting

Watch: Elon Musk emerges as a key voice in Trump’s tech policy.

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Easy returns cause big trouble for Amazon sellers, but return rates show signs of slowing

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Easy returns cause big trouble for Amazon sellers, but return rates show signs of slowing

Returns on Amazon are free and easy for shoppers, but they’re risky and expensive for the small businesses that sell a majority of the goods on the world’s biggest e-commerce site. Returns have driven some sellers to exit the popular Fulfillment by Amazon program, while others told CNBC they’d like to leave the platform altogether.

At the heart of the problem is a big rise in returns fraud, which has led to customers mistakenly receiving used products when they ordered something new. In two particularly egregious examples involving baby products described to CNBC, Amazon sent customers used diapers and a chiller with someone else’s rotten breastmilk inside.

“I really don’t think that consumers understand how many small businesses are on Amazon and how their return habits affect small businesses and families like mine,” said Rachelle Baron, owner of Beau and Belle Littles, which sells reusable swim diapers on Amazon.

Baron said her business tanked after a return incident with Amazon. The e-commerce platform shipped soiled swim diapers to customers after the used baby products had been returned to Amazon, Baron said.

“There was actually two diapers that were sent out that were poopy,” she said.

In 2024, nearly 14% of all U.S. retail returns were fraudulent, up from 5% in 2018, according to a report by the National Retail Federation. In total, the report found that returns cost retailers $890 billion in 2024.

Amazon started charging sellers in its fulfillment program (FBA) a new fee in June 2024 for items that exceed certain return rate thresholds. Sellers who sign up for FBA rely on Amazon for logistics, including shipping, packing and returns.

In September, a couple months after the fee went into effect, e-commerce group Helium 10 saw return rates for U.S. Amazon sellers drop nearly 5%.

“It’s forcing the seller to have higher quality listings and higher quality products,” said Helium 10 General Manager Zoe Lu.

Amazon has also started adding a warning label to some “frequently returned items,” which could be contributing to the dip.

Rising prices

However, the new fee may also be leading to rising prices.

One survey by e-commerce analysis company SmartScout found that 65% of sellers said they raised prices in 2024 directly because of Amazon fee changes. Other sellers told CNBC returns fraud is the reason they’ve raised prices.

In total, CNBC talked to seven Amazon sellers to find out how they’re handling the rising cost of returns.

“We’re running at about just over 1% net profit on Amazon, totally due to fraud and return abuse,” said Lorie Corlett, who sells Sterling Spectrum protective cases for hot wheels. She said her return rate is 4% on Amazon and only 1% on other marketplaces like Walmart. “It’s really Amazon that’s accountable at the end of the day. People would stop doing it if Amazon held them accountable.”

Amazon told CNBC it has no tolerance for fraudulent returns and that it takes action against some scammers. Those measures include denying refunds and requiring customer identity verification.

Mike Jelliff sells professional music gear through his GeekStands brand on Amazon and eight other marketplaces. He said his return rate on Amazon is three times higher than the average he sees elsewhere. 

“On eBay, we’re allowed to block specific customers out,” Jelliff said. “But on Amazon, that customer is still allowed to repurchase from us.”

Jelliff showed CNBC the system of about 40 cameras he’s installed in his Tyler, Texas, warehouse to track every outgoing item, incoming return and unboxing. He uses the images when filing appeals with Amazon, including when customers request refunds claiming they never receive an item. He keeps a blacklist of repeat offenders who commit this kind of fraud and those who return used and damaged items, which become a total loss for him.

Amazon has made some improvements to its returns process, said Jelliff, who doesn’t rely on FBA. This includes Amazon allowing small businesses to make multiple appeals when fighting a fraudulent return. Amazon has also let Jelliff opt-out of automatic return labels for items above $100 starting in 2023, and his return rate has been dropping since.

Mike Jelliff at his GeekStands warehouse in Tyler, Texas, on June 6, 2025. Jelliff sees three times more returns of his professional music gear on Amazon, compared to the average on other marketplaces like eBay and Walmart.

Jacob Schatz

Why returns are destroyed

Figuring out which returns are fraudulent and which are ready for re-sale is labor-intensive and item specific, experts said. That creates plenty of room for error.

“Because it’s such a large operation, things are missed,” said Lu of Helium 10. “I think they’re probably missed on the margins, but these stories are very impactful because it is such a reckoning for the brand.”

Ceres Chill founder Lisa Myers, who once relied on Amazon to handle returns for her business as part of FBA, has one of these stories.

In 2023, Amazon sent one of Ceres Chill’s products to a customer with someone else’s rotten breastmilk inside, said Myers, adding that the customer wrote a review saying, “she will never forget that smell.” 

“To have something, and I don’t mean to be dramatic, but dangerous, somebody else’s bodily fluids in your kitchen rotting in something that you had intended to use for your child is unacceptable,” Myers said. “That’s the moment I broke down crying and just sat down and thought, I have no idea how this could have happened.”

Myers said she left FBA after the incident, leaving behind benefits like having her products labeled with Amazon’s Prime badge.

“It hurts our business to not participate in Fulfilled by Amazon,” Myers said. “It’s just we’re not willing to, we will never put profit over the safety and, frankly, mental health of our customers.”

Instead, Myers outsources all her returns to baby resell specialist Goodbuy Gear, which is on track to re-sell 200,000 returned baby products this year.

Re-selling responsibly

Kristin Langenfeld started GoodBuy Gear when she was a new mom struggling to find a good quality, used jogging stroller. 

“We’ve spent the last nine years building out a database that has all of the products and the variations, the common issues, the recalls,” Langenfeld said. “For some of these, there’s 40 points that we inspect on the item itself, and it’s really complicated.”

Langenfeld showed CNBC the process at her warehouse in Malvern, Pennsylvania, where each item is inspected for about 15 minutes and is typically handled by at least four employees. The resource intensive process is paying off. She says 33 new sellers signed up in 2024, three times more than the previous year. And with business growing 50% year-over-year, she’s upgrading to a bigger warehouse in Columbus, Ohio.

She was inspired to handle returns after visiting a major retailer’s returns warehouse five years ago.

“Taped on the floor were signs that said ‘incinerate,’ ‘destroy,'” she said.

Returns generated an estimated 29 million metric tons of carbon emissions in 2024, and 9.8 billion pounds of returns ended up in landfills, according to reverse logistics software provider Optoro.

Amazon has faced criticism for destroying millions of pounds of unused products. In 2022, Amazon told CNBC it was “working towards a goal of zero product disposal,” but wouldn’t give a timeline for that ambition. Three years later, that goal is still in the works, with Amazon telling CNBC in a statement, “The vast majority of returns are resold as new or used, returned to selling partners, liquidated, or donated.”

In 2020, Amazon added two new options for sellers to re-home returns. “Grade and Resell” allows all U.S. FBA sellers to have Amazon rate the return and mark it as “used” before re-selling it. FBA Liquidation allows sellers to recoup some losses by offloading palettes of goods for re-sale on the secondary market through liquidation partners like Liquidity Services.

There’s also an FBA Donations program that’s been around since 2019, allowing sellers to automatically offer eligible overstock and returns to charity groups through the non-profit Good360. Amazon told CNBC these seller programs give a second life to more than 300 million items a year.

For shoppers wanting to keep returns from incineration or landfills, Amazon also has options.

Amazon Resale has used and open-box goods, Amazon Renewed sells refurbished items and Amazon Outlet sells overstock. Daily deal site Woot!, bought by Amazon for $110 million in 2010, also sells scratched and dented items. Customers can also trade in certain electronics, like Amazon devices, phones and tablets, for Amazon gift cards or send them to the company’s certified recycler.

“I hope the change that we’re able to make as a country is that we stop making crap,” Langenfeld said. “We should make high quality products that are meant for resale.”

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Meta approached Perplexity before massive Scale AI deal

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Meta approached Perplexity before massive Scale AI deal

Meta approached Perplexity before massive Scale AI deal

Meta approached artificial intelligence startup Perplexity AI about a potential takeover bid before ultimately investing $14.3 billion into Scale AI, CNBC confirmed on Friday.

The two companies did not finalize a deal, according to two people familiar with the matter who asked not to be named because of the confidential nature of the negotiations.

One person familiar with the talks said it was “mutually dissolved,” while another person familiar with the matter said Perplexity walked away from a potential deal.

Bloomberg earlier reported the talks between Meta and Perplexity. Perplexity declined to comment. Meta did not immediately respond to CNBC’s request for comment.

Meta’s attempt to purchase Perplexity serves as the latest example of Mark Zuckerberg‘s aggressive push to bolster his company’s AI efforts amid fierce competition from OpenAI and Google parent Alphabet. Zuckerberg has grown agitated that rivals like OpenAI appear to be ahead in both underlying AI models and consumer-facing apps, and he is going to extreme lengths to hire top AI talent, as CNBC has previously reported.

Read more CNBC reporting on AI

Meta now has a 49% stake in Scale after its multibillion-dollar investment, though the social media company will not have any voting power. Scale AI’s founder Alexandr Wang, along with a small number of other Scale employees, will join Meta as part of the agreement.

Earlier this year, Meta also tried to acquire Safe Superintelligence, which was reportedly valued at $32 billion in a fundraising round in April, as CNBC reported on Thursday.

Daniel Gross, the CEO of Safe Superintelligence, and former GitHub CEO Nat Friedman are joining Meta’s AI efforts, where they will work on products under Wang. Gross runs a venture capital firm with Friedman called NFDG, their combined initials, and Meta will get a stake in the firm.

OpenAI CEO Sam Altman said on the latest episode of the “Uncapped” podcast, which is hosted by his brother, that Meta had tried to poach OpenAI employees by offering signing bonuses as high as $100 million with even larger annual compensation packages.

“I’ve heard that Meta thinks of us as their biggest competitor,” Altman said on the podcast. “Their current AI efforts have not worked as well as they have hoped and I respect being aggressive and continuing to try new things.”

–CNBC’s Kate Rooney contributed to this report

WATCH: Meta tried to buy Perplexity before Scale AI deal

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Why ether ETF inflows have come roaring back from the dead

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Why ether ETF inflows have come roaring back from the dead

Omar Marques | Lightrocket | Getty Images

Ether ETFs have finally come to life this year after some started to fear they may be becoming zombie funds.

Collectively, the funds tracking the price of spot ether are on pace for their sixth consecutive week of inflows and eight positive week in the last nine, according to SoSoValue.

The second largest cryptocurrency has become more attractive to institutions in recent weeks largely due to recent regulatory momentum in the U.S. around stablecoins – many of which run on the Ethereum network – the successful IPO of Circle, the issuer of the second-largest stablecoin; and new leadership at the Ethereum Foundation.

“What we’re seeing is institutional recalibration,” said Ben Kurland, CEO at crypto charting and research platform DYOR. “After the initial ETH ETF approval fizzled without a price pop, smart money started quietly building positions. They’re betting not on price momentum but on positioning ahead of utility unlocks like staking access, options listings, and eventually inflows from retirement platforms.”

The first year of ether ETFs, which launched in July 2024, has been characterized by weak demand. While the funds have had spikes in inflows, they’ve trailed far behind bitcoin ETFs in both inflows and investor attention – amassing about $3.9 billion in net inflows since listing versus bitcoin ETFs’ $36 billion in their first year of trading.

“With increasing acceptance of crypto on Wall Street, especially now as a means for payments and remittances, investors are being drawn to ETH ETFs,” said Chris Rhine, head of liquid active strategies at Galaxy Digital.

Additionally, he added, the CME basis on ether – or the price difference between ether futures and the spot price – is higher than that of bitcoin, giving arbitrageurs an opportunity to profit by going long on ether ETFs while shorting futures (a common trading strategy) and contributing to the uptrend in ether ETF inflows.

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Ether (ETH) 1 month

Despite the uptrend in inflows, the price of ether itself is negative for this month and flat over the past month.

For the year, it’s down 25% as it’s been suffering from an identity crisis fueled by uncertainty about Ethereum’s value proposition, weaker revenue since its last big technical upgrade and increasing competition from Solana. Market volatility driven by geopolitical uncertainty this year has not helped.

In March, Standard Chartered slashed its ether price target by more than half. However, the firm also said the coin could still see a turnaround this year.

Since last week’s big spike in inflows, they’ve “slowed but stayed net positive, suggesting conviction, not hype,” Kurland said. “The market looks like a heart monitor, but the buyers are treating it like a long-term infrastructure bet.”

Don’t miss these cryptocurrency insights from CNBC Pro:

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