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The logo of OpenAI is shown on a mobile phone in front of a computer screen displaying the photographs of Sam Altman, left, and Elon Musk, March 14, 2024.

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OpenAI on Friday clapped back against Elon Musk, one of its co-founders, after the billionaire’s request last month for a federal court to stop the ChatGPT-maker from converting to a fully for-profit business.

In a blog post titled “Elon Musk wanted an OpenAI for-profit,” the startup alleged that in 2017, Musk “not only wanted, but actually created, a for-profit” to serve as the company’s proposed new structure.

“When he didn’t get majority equity and full control, he walked away and told us we would fail,” OpenAI wrote in the blog post. “Now that OpenAI is the leading AI research lab and Elon runs a competing AI company, he’s asking the court to stop us from effectively pursuing our mission.”

Musk and xAI did not immediately respond to requests for comment.

Since Musk announced the debut of xAI, his OpenAI competitor, in July 2023, the startup 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 last month.

Musk was questioning OpenAI’s nonprofit model from day one, a member of OpenAI’s legal team told CNBC.

OpenAI’s “structure doesn’t seem optimal,” Musk wrote in a November 2015 email to OpenAI CEO Sam Altman, according to screenshots shared in the blog post. He added that receiving a “salary from the nonprofit muddies the alignment of incentives,” and that it’s “probably better to have a standard C corp with a parallel nonprofit.”

In a text conversation with former board member Shivon Zilis, OpenAI co-founder Greg Brockman wrote that a conversation he had with Musk “turned into talking about structure” and that Musk “said non-profit was def the right one early on, may not be the right one now,” according to blog screenshots.

Musk forwarded an article about China’s strategy for AI research facilities to Brockman and fellow OpenAI co-founder Ilya Sutskever. Musk wrote that China “will do whatever it takes to obtain what we develop. Maybe another reason to change course,” per the blog post.

Brockman agreed, and he wrote that starting in 2018, OpenAI’s path would need to be a “Al research + hardware for-profit,” according to the blog post. Musk wrote back, “Let’s talk Sat or Sun. I have a tentative game plan that l’d like to run by you.”

Altman, Brockman, Musk and others negotiated terms for the planned OpenAI for-profit in the fall of 2017, but the talks fell apart due to disagreements about equity, control and who would be CEO, according to the blog. Musk initially proposed that he should “unequivocally have initial control of the company” but said “this will change quickly” when the board has 12 to 16 members, per screenshots.

Musk created a public benefit corporation called “Open Artificial Intelligence Technologies, Inc” in September 2017, according to screenshots included in OpenAI’s blog post. A few days later, OpenAI rejected Musk’s proposed terms for the for-profit and offered to keep the conversation going, but Musk responded that his offer was “no longer on the table” and that “discussions are over,” per screenshots.

In January 2018, Musk proposed that OpenAI spin into Tesla, his electric vehicle company, according to the blog.

“The only paths I can think of are a major expansion of OpenAl and a major expansion of Tesla Al. Perhaps both simultaneously. The former would require a major increase in funds donated and highly credible people joining our board. The current board situation is very weak,” Musk wrote, according to the blog. He added that “OpenAI is on a path of certain failure relative to Google.”

Brockman responded with a lengthy plan, including the idea that the company should “try our best to remain a non-profit,” according to screenshots. In February 2018, Musk resigned as co-chair of OpenAI.

OpenAI’s complex history

OpenAI originally debuted in 2015 as a nonprofit and then in 2019 converted into a “capped-profit” model, in which the OpenAI nonprofit was the governing entity for its for-profit subsidiary. Altman claimed onstage last week at the DealBook Summit that the company decided to go to a capped-profit structure in part because Musk stopped funding them.

Thanks largely to the viral spread of ChatGPT, which debuted in November 2022, OpenAI has become one of the hottest, and at times one of the most controversial, startups on the planet. The company’s valuation has climbed to $157 billion since it launched ChatGPT. OpenAI has raised about $13 billion from Microsoft, and it closed its latest $6.6 billion round in October, led by Thrive Capital and including participation from chipmaker Nvidia, SoftBank and others.

The company also received a $4 billion revolving line of credit, bringing its total liquidity to more than $10 billion. OpenAI expects about $5 billion in losses on $3.7 billion in revenue this year, CNBC confirmed in September with a person familiar with the situation.

OpenAI is now in the midst of a potentially two-year process of converting into a fully for-profit public benefit corporation, which 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.

OpenAI has faced increasing competition from startups such as Musk’s xAI and Anthropic, as well as tech giants such as Google, Amazon and Meta. 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.

A thorny legal battle

Attorneys representing Musk, his AI startup xAI and Zilis filed for a preliminary injunction against OpenAI on Nov. 29.

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

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

Musk in March 2024 sued OpenAI — and co-founders Altman and Brockman — in a San Francisco state court, alleging breach of contract and fiduciary duty. In the suit, Musk claimed that the early OpenAI team had set out to develop artificial general intelligence “for the benefit of humanity,” but that the project had been transformed into a for-profit entity that’s largely controlled by principal shareholder Microsoft.

In June, Musk withdrew that complaint and later refiled in federal court. Attorneys for Musk in the federal suit, led by Marc Toberoff in Los Angeles, argued in their complaint that OpenAI had violated federal racketeering, or RICO, laws.

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

“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 November filing. They added that the terms OpenAI asked investors to agree to amounted to a “group boycott” that “blocks xAI’s access to essential investment capital.”

Altman denied that OpenAI investors can’t invest in competitors during an onstage interview last week at The New York Times’ DealBook Summit. Altman said that investors are welcome to do so but that the company will stop their “information rights,” such as sharing its research road map and other materials.

Microsoft has invested nearly $14 billion in OpenAI but revealed in October that it would record a $1.5 billion loss in the current period largely due to an expected loss from the AI startup. Microsoft gave up its observer seat on OpenAI’s board in July, although CNBC reported that the Federal Trade Commission would continue to monitor the influence of the two companies over the AI industry.

— CNBC’s Lora Kolodny contributed reporting.

WATCH: OpenAI releases AI video generation tool Sora

OpenAI releases AI video generation tool Sora

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CEO of Chinese smartphone brand Honor resigns due to personal reasons

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CEO of Chinese smartphone brand Honor resigns due to personal reasons

George Zhao, Chief Executive Officer of Chinese consumer electronics brand Honor, smiles as he shows the new Honor Magic 6 Pro smartphones during a presentation on the eve of the Mobile World Congress (MWC), the telecom industry’s biggest annual gathering, in Barcelona on February 25, 2024.

Pau Barrena | Afp | Getty Images

George Zhao, the chief executive of Chinese smartphone firm Honor, has resigned from his position due to personal reasons, the company said on Friday.

“The company and the Board of Directors sincerely appreciate Mr Zhao’s outstanding contributions to the company during his tenure,” Honor said in a statement.

Jian Li, who’s been at Honor for four years in various senior management positions, will succeed Zhao as CEO.

In an internal memo posted by Chinese media and confirmed as accurate by an Honor spokesperson, Zhao said he was stepping down due to health reasons and planned to rest, recover and spend more time with his family.

Zhao called the decision to leave Honor “the most difficult decision” he has ever made.

Honor was spun off from Chinese telecommunications giant Huawei in 2020 in a bid to avoid U.S. sanctions that were crippling Huawei’s smartphone business.

Under Zhao’s leadership, Honor has aggressively launched smartphones with a focus on international markets. Zhao focused on high-end devices, including foldable smartphones, as he looked for Honor to look beyond China and challenge the likes of Samsung and Apple.

Honor’s market share in China has risen from 9.8% in 2020 to over 15% in 2024, according to Counterpoint Research. Outside of China, Honor’s market share hit 2.3% in 2024, compared to under 1% in 2020.

The company has looked to keep pace with rivals by launching artificial intelligence features on its device.

Neil Shah, partner at Counterpoint Research, said the company’s focus on high-end devices and technology is likely to continue under the new leadership.

“Honor’s focus on premiumization should continue if the brand wants to continue building its brand equity and differentiation point vs existing competitors, especially in premium markets such as Europe,” Shah told CNBC. 

“The focus on innovative foldable designs and advanced AI features and close partnerships with leading component suppliers would be key.”

Zhao’s successor Li will be tasked with trying to expand Honor’s presence overseas amid fierce competition, with a focus on making the brand more recognizable.

“Many don’t know Honor” outside of China, Counterpoint’s Shah said. “Building brand equity is tough and the company needs more time, money and differentiation points.”

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Tough new EU cyber rules require banks to ramp up security — but many aren’t ready

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Tough new EU cyber rules require banks to ramp up security — but many aren't ready

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Tough new European Union regulations requiring banks to bolster their cybersecurity systems officially come into effect Friday — but many of the bloc’s financial services firms aren’t yet in full compliance with the rules.

The EU’s Digital Operational Resilience Act, or DORA, requires both financial services firms and their technology suppliers to strengthen their IT systems to ensure the industry is resilient in the event of a cyberattack or any other forms of disruption. It entered into effect on Jan. 17.

The penalties for breaches of the new legislation can be substantial. Financial services firms that fall foul of the new rules can face fines of up to 2% of annual global revenue. Individual managers could also be held liable for breaches and face sanctions of as much as 1 million euros ($1 million).

So far, the rate of compliance among financial services firms with the new rules has been mixed, according to Harvey Jang, chief privacy officer and deputy general counsel at IT giant Cisco.

“I think we’ve seen a mixed bag,” Jang told CNBC in an interview. “Of course, the more mature-stage companies are further along looking at this for at least a year — if not longer.”

“We’re really trying to build this compliance program, but it’s so complex. I think that’s the challenge. We saw this too with GDPR and other broad legislation that is subject to interpretation — what does it actually mean to comply? It means different things to different people,” he said.

Mimecast CEO: Cyber awareness has reached the boardroom

This lack of a common understanding of what qualifies as robust compliance with DORA has in turn led many institutions to ramp up security standards to the level that they’re actually surpassing the “baseline” of what’s expected of most firms, Jang added.

Are financial institutions ready?

Under DORA, financial firms will be required to undertake rigorous IT risk and incident management, classification and reporting, operational resilience testing, intelligence sharing on cyber threats and vulnerabilities, and measures to manage third-party risks.

Firms will be also be required to conduct assessments of “concentration risk” related to the outsourcing of critical or important operational functions to external companies.

A Censuswide survey of 200 U.K. chief information security officers commissioned by Orange Cyberdefense, the cybersecurity division of French telecoms firm Orange, showed that 43% of financial institutions in Britain aren’t yet in full compliance with DORA.

That’s a concern because, even though the U.K. falls outside the European Union now, DORA applies to all financial entities operating within EU jurisdictions — even if they’re based outside the bloc.

“Whilst it is clear that DORA has no legal reach in the U.K., entities based here and operating or providing services to entities in the EU will be subject to the regulation,” Richard Lindsay, principal advisory consultant at Orange Cyberdefense, told CNBC.

He added that the main challenge for many financial institutions when it comes to achieving DORA compliance has been managing their critical third-party IT providers.

“Financial institutions operate within a multi-layered and hugely complex digital ecosystem,” Lindsay said. “Tracking and ensuring that all parts of this system evidentially comply with the relevant elements of DORA will require a new mindset, solutions and resources.”

Banks are also adding higher levels of scrutiny in their contract negotiations with tech suppliers due to DORA’s strict requirements, Jang said.

The Cisco chief privacy officer told CNBC that he thinks there is alignment when it comes to the principles and the spirit of the law. However, he added, “any legislation is a product of compromise and so, as they get more prescriptive, then it becomes challenging.”

“The principles we agree with, but any legislation is a product of compromise, and so as as they get more prescriptive, then it becomes challenging.”

Still, despite the challenges, the broad expectation among experts is that it won’t be long until banks and other financial institutions achieve compliance.

“Banks in Europe already comply with significant regulations which cover the majority of the areas that fall under DORA,” Fabio Colombo, EMEA financial services security lead at Accenture, told CNBC.

“As a result, financial services institutions already have mature governance and compliance capabilities in place, with existing incident reporting processes and solid ICT risk frameworks.”

Risks for IT suppliers

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Top EU official denies softer approach to Big Tech, cites ‘very clear legal basis’ for regulation

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Top EU official denies softer approach to Big Tech, cites 'very clear legal basis' for regulation

European Commission is 'fully enforcing' its tech regulations, executive vice president says

A leading EU official has denied taking a softer approach to Big Tech, citing a “very clear legal basis” for regulators and pointing to several ongoing investigations into the likes of social media platform X and Meta.

The FT reported earlier this week that the EU was reassessing investigations into Apple, Google and Meta — a process that could ultimately lead to the European Commission, the executive arm of the EU, scaling back or changing the focus of their probes.

However, speaking to CNBC on Thursday, Henna Virkkunen, the European Commission’s executive vice president for tech sovereignty, pushed back.

“We have our Digital Service Act that came into force a little bit more than one year ago, and there is several formal proceedings going on against, we can say, all the big platforms: Meta platforms, Instagram, Facebook, also on X and with TikTok,” Virkkunen said.

“We are continuing the work, so there is not any new decisions made. So we are doing the investigations [to see] if they are complying with our rules,” she said.

The Digital Services Act or DSA, which came into full effect in 2024, gives EU institutions the power to regulate Big Tech in a bid to prevent illegal and harmful activities online, and clamp down on disinformation.

Despite these new powers, however, there are growing questions about how the EU is actually going to enforce the rules, particularly in the aftermath of President-elect Donald Trump’s return to the White House.

“It remains to be seen what the EU will do, as some investigations have gone further than others, but it is also clear that U.S. tech companies will try to use the Trump administration to push back on EU rules,” Dexter Thillien, lead analyst at the Economist Intelligence Unit, told CNBC.

It comes as the tech industry attempts to cozy up to Trump ahead of his second term as president. Tesla’s Elon Musk, Amazon’s Jeff Bezos and Zuckerberg will attend Trump’s inauguration next week, according to NBC news.

Meta’s CEO Mark Zuckerberg last week, meanwhile, called on the incoming U.S. president to look at the EU’s approach to Big Tech, saying the way the bloc applies competition rules is “almost like a tariff.”

EU official Virkkunen is one of a new team of politicians that began their work as members of the EU’s executive arm in December. Until now, the bloc has been considered a leader of tech regulation and has opened the door to several probes into the behavior of Big Tech companies.

When asked if she was considering taking a softer approach to the sector, Virkkunen said: “We [have a] very clear legal basis and regulation rules in Europe, and of course, now we are fully enforcing those rules.”

Virkkunen did not say whether she was feeling pressure as a result of Trump’s return to the White House. Instead, she said, “all companies, whether American, European or Chinese, have to respect the EU’s regulations.”

Investigating X

In December 2023, Musk’s X was hit with the EU’s first probe under the Digital Services Act. The European Commission is assessing whether X breached transparency obligations and its duties to counter illegal content.

At the time, the institution said it was specifically assessing areas linked to risk management, content moderation, dark patterns, advertising transparency and data access for researchers.

As Musk continues to court the far-right ahead of an election in Germany — including hosting a live discussion with AfD party leader Alice Weidel — there are questions about whether the European Commission will assess this conversation as part of the investigation.

“This is not about Elon Musk. It’s about X,” Virkkunen said.

“X is [a] very large online platform, they have to take their responsibilities, and they have to assess and mitigate the risks, for example, what they are posting for the electoral processes and for civic discourse. But [the European] commission is already investigating X on this, and the scope of investigation is already quite large,” she said, adding that “we are all the time monitoring” in case of new developments.

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