Connect with us

Published

on


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.

Continue Reading

Technology

Apple disables AI notifications for news in its beta iPhone software

Published

on

By

Apple disables AI notifications for news in its beta iPhone software

Apple CEO Tim Cook delivers remarks at the start of the Apple Worldwide Developers Conference (WWDC) on June 10, 2024 in Cupertino, California. Apple will announce plans to incorporate artificial intelligence (AI) into Apple software and hardware. (

Justin Sullivan | Getty Images

Apple has temporarily disabled Apple Intelligence summaries for news apps for users of its beta software in a sign of the challenges the company is dealing with in its AI technology. 

The decision to pause AI summaries comes weeks after the BBC highlighted that Apple’s AI system had twisted its news notifications to display inaccurate facts. The pause only affects people using Apple’s beta software, not those using the company’s main operating systems. 

News and entertainment apps, such as The New York Times, began showing a short message inside the iPhone settings app on Thursday noting that AI-powered summaries were “temporarily unavailable.”

The pause on one of Apple Intelligence’s core features highlights the challenge Apple faces in the roll out of its artificial intelligence technology, which has been scrutinized by many users on social media.

“With the latest beta software releases of iOS 18.3, iPadOS 18.3, and macOS Sequoia 15.3, Notification summaries for the News & Entertainment category will be temporarily unavailable,” an Apple representative told CNBC in a statement. 

The spokesperson noted that Apple is working on improvements to the software that are coming in a future software update. The company did not say when it will roll out its iOS 18.3 software to users of the main version of the iPhone operating system, but it could take weeks, based on Apple’s previous software release patterns.

The decision to temporarily pause the AI summaries comes on the same day that Apple saw its stock close down 4%, marking its worst day of trading since Aug. 5. A reason for the drop was due to notable Apple supply chain analyst Ming-Chi Kuo writing on Monday that the Apple Intelligence suite of features does not appear to be boosting iPhone sales.

Apple Intelligence struggles since launch

The company launched Apple Intelligence in October as the signature feature in its latest line of iPhone models and its answer to Silicon Valley’s AI arms race that kicked off with the launch of OpenAI’s ChatGPT in late 2022. 

Apple has used the AI features as the key selling point in its advertisements and marketing for its latest hardware products, but the software has been riddled with issues. 

The company says that the entire Apple Intelligence system is in beta, and the update on Thursday added language to say that the AI software can produce unexpected results. 

Apple Intelligence includes several features, including image generators, but the one that’s received the most attention is how it can summarize entire stacks of notifications into concise sentences — useful, according to Apple’s marketing materials, for getting through hundreds of group chat notifications without scrolling through the whole discussion.

With the Thursday update, Apple said it will show any AI-summarized notification in italics to distinguish them from other notifications. 

In testing, Apple Intelligence summaries weren’t perfect, but the errors were mostly funny and obvious. Problems cropped up when the technology began being used to summarize news, and it displayed false information.

The most egregious well-documented error happened in December, when 22 separate BBC news notifications were combined into a three-part headline that started with “Luigi Mangione shoots himself.” The alleged Brian Thompson assassin has not done that.

The feature also combined headlines from The New York Times into a November notification that falsely said that Israeli Prime minister Benjamin Netanyahu had been arrested, according to a ProPublica reporter’s post on social media.

Another Apple Intelligence notification on Jan. 3 said that darts player Luke Littler had won a world championship, which had yet to take place, according to the BBC. The technology also conflated notifications from BBC’s sports app to say that “Brazilian tennis player, Rafael Nadal, comes out as gay.” Nadal is Spanish and is married to Maria Francisca Perello.

Apple on Thursday also rolled out a new feature that lets users turn off AI summaries for any app by swiping left on the notification from the phone’s lock screen. Users previously could only turn off AI summaries through the settings app. 

WATCH: Tariffs, AI and China haunt Apple

Tariffs, AI and China haunt Apple

Continue Reading

Technology

Duolingo shares climb 7% as users swarm to app to learn Mandarin

Published

on

By

Duolingo shares climb 7% as users swarm to app to learn Mandarin

A Duolingo logo is seen on a smartphone.

Pavlo Gonchar | LightRocket | Getty Images

Duolingo shares rose nearly 7% on Thursday following a large spike in users signing up to learn Mandarin in conjunction with soaring usage of Chinese social media app RedNote, a TikTok rival.

The company confirmed to CNBC that there’s been a 216% increase in Mandarin learners using the app compared to a year earlier. For context, Spanish, one of the most popular languages on the app, has seen a 40% increase over the same period, Duolingo said.

RedNote, or Xiaohongshu, as it’s known in China, has rocketed to become the No. 1 free app on the Apple app store, a position it’s held for most of this week. Rounding out the top five are TikTok’s Lemon8 app, U.S. social media upstart Clapper, OpenAI’s ChatGPT and Meta’s Threads.

Last week, the Supreme Court heard oral arguments in the case involving the future of TikTok in the U.S., and a law that could effectively ban the popular app. The justices appeared to favor upholding the law, and a decision could come as soon as Friday. TikTok is reportedly preparing for a U.S. shutdown on Sunday.

RedNote has so far been the top beneficiary of the American user exodus, seeing its U.S. app downloads increase by 20 times over the last week, according to market intelligence firm Sensor Tower. A Duolingo spokesperson told CNBC that the company’s marketing team is “forward-thinking and already has an active presence on Red, managed by our team in China.”

Duolingo offers online and mobile courses across 42 languages. According to its website, Duolingo has 48.8 million Spanish learners. French is the second most popular language on the app at 27.3 million users, while Chinese is eighth at 10.7 million.

Duolingo shares climbed 43% last year, topping the Nasdaq’s 29% gain.

WATCH: AI will continue to be catalyst for Duolingo

AI continues to be catalyst for Duolingo but 'killer' for Shutterstock: Citizens JMP's Andrew Boone

Continue Reading

Technology

Snap shares drop as FTC refers MyAI chatbot complaint to the DOJ

Published

on

By

Snap shares drop as FTC refers MyAI chatbot complaint to the DOJ

Snap CEO Evan Spiegel, joins CNBC ‘Power Lunch’ on September 17, 2024.

CNBC

Snap shares closed down 5% on Thursday after the Federal Trade Commission said it would refer a complaint against the company to the Department of Justice.

The FTC’s non-public complaint involves allegations that Snapchat’s My AI chatbot poses “risks and harms to young users,” the commission said in a statement. The complaint stems from the FTC’s compliance reviews with Snap following a 2014 settlement regarding allegations of public deception pertaining to data collection by the company.

As part of the FTC’s compliance reviews of Snap, the agency said it had uncovered the possibility that the company “is violating or is about to violate the law.”

“A proceeding is in the public interest,” the FTC said in its statement.

The FTC did not specify what about the My AI chatbot its complaint was focused on, but the chatbot has previously drawn scrutiny.

A Snap spokesperson pushed back against the FTC’s claims in a statement to CNBC.

“Unfortunately, on the last day of this Administration, a divided FTC decided to vote out a proposed complaint that does not consider any of these efforts, is based on inaccuracies, and lacks concrete evidence,” the Snap spokesperson said. “It also fails to identify any tangible harm and is subject to serious First Amendment concerns.”

The spokesperson added that while the company shares the FTC’s “focus on ensuring the thoughtful development of generative AI,” Snap believes that the “complaint would stifle innovation and competition in a critical and growing sector of the economy.”

Jonathan Raa | AP

Snap debuted the My AI chatbot in 2023. It is powered by the large language models of OpenAI and Google, giving it the ability to answer user questions and provide tips and suggestions similar to ChatGPT and other AI-powered chatting tools.

The chatbot has been noted for providing problematic responses. In one instance while speaking with a reporter who was pretending to be a teenager, the chatbot answered explained how to hide the smell of alcohol and marijuana, The Washington Post reported in 2023. At the time of the chatbot’s initial release, Snap said that My AI, like other AI-powered chatbots, is “prone to hallucination and can be tricked into saying just about anything. Please be aware of its many deficiencies and sorry in advance!”

In Oct. 2023, the United Kingdom’s Information Commissioner’s Office issued a preliminary enforcement notice against Snap, alleging that the company’s My AI-related risk assessment “did not adequately assess the data protection risks posed by the generative AI technology, particularly to children.”

Although the FTC said that it voted during a closed meeting to issue a public statement about it’s case against Snap and its ensuing referral to the DOJ, it noted that FTC commissioners Melissa Holyoak and Andrew Ferguson were absent.

The FTC also pointed to a dissenting statement by Ferguson, who President-elect Donald Trump named in December to replace Lina Khan as the next FTC chair.

Ferguson noted that these kinds of referrals “are not disclosed unless and until the complaint is filed in court by the Department or the Commission.”

“I did not participate in the farcical closed meeting at which this matter was approved,” he wrote.

Ferguson added that he opposes the FTC’s complaint against Snap, but that he can’t “release a detailed analysis of its many problems,” because the case is not public. Ferguson wrote that the complaint’s interpretations of an FTC law is “wrong” and that it is “in direct conflict with the guarantees of the First Amendment.”

If the DOJ files the complaint, Ferguson said he will “release a more detailed statement about this affront to the Constitution and the rule of law.”

Watch: Snap CEO on earnings beat and new advertising products

Snap CEO on earnings beat and new advertising products

Continue Reading

Trending