OpenAI emails show Elon Musk wanted for-profit structure in 2017
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.
Muhammed Selim Korkutata | Anadolu | Getty Images
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.
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The Supreme Court on Friday upheld the law requiring China-based ByteDance to divest its ownership of TikTok by Sunday or face an effective ban of the popular social video app in the U.S.
ByteDance has so far refused to sell TikTok, meaning many U.S. users could lose access to the app this weekend. The app may still work for those who already have TikTok on their phones, although ByteDance has also threatened to shut the app down.
In a unanimous decision, the Supreme Court sided with the Biden administration, upholding the Protecting Americans from Foreign Adversary Controlled Applications Act, which President Joe Biden signed in April.
“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community,” the Supreme Court’s opinion said. “But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary.”
Supreme Court Justices Sonia Sotomayor and Neil Gorsuch wrote concurrences.
TikTok’s fate in the U.S. now lies in the hands of President-elect Donald Trump, who originally favored a TikTok ban during his first administration, but has since flip-flopped on the matter. In December, Trump asked the Supreme Court to pause the law’s implementation and allow his administration “the opportunity to pursue a political resolution of the questions at issue in the case.”
In a post on his social media app Truth Social, Trump wrote that the decision was expected “and everyone must respect it.”
“My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!” Trump wrote.
Trump began to speak more favorably of TikTok after he met in February with billionaire Republican megadonor Jeff Yass. Yass is a major ByteDance investor who also owns a stake in the owner of Truth Social.
Trump will be inaugurated Monday, one day after the TikTok deadline for a sale. TikTok CEO Shou Chew is one of several tech leaders expected to be in attendance, seated on the dais.
In a video posted on TikTok, Chew thanked Trump “for his commitment to work with us to find a solution that keeps TikTok available” in the U.S. He said use of TikTok is a First Amendment right, adding that over 7 million American businesses use it to make money and find customers.
“Rest assured, we will do everything in our power to ensure our platform thrives as your online home for limitless creativity and discovery as well as a source of inspiration and joy for years to come,” he said.
The nation’s highest court said in the opinion that while “data collection and analysis is a common practice in this digital age,” the sheer size of TikTok and its “susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects” poses a national security concern.
Under the terms of the law, third-party internet service providers such as Apple and Google will be penalized for supporting a ByteDance-owned TikTok after the Jan. 19 deadline.
If service providers and app store owners comply, consumers will be unable to install the necessary updates that make the app functional.
Representatives of TikTok did not immediately respond to requests for comment.
Users look for alternatives
White House press secretary Karine Jean-Pierre reiterated Biden’s support for the law in a statement, saying “TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law.”
“Given the sheer fact of timing, this Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday,” Pierre said.
Attorney General Merrick Garland and Lisa Monaco, his deputy, said in a release that the decision “enables the Justice Department to prevent the Chinese government from weaponizing TikTok to undermine America’s national security.”
Kate Ruane, the director of the Center for Democracy and Technology nonprofit, criticized the ruling, saying in a statement that it “harms the free expression of hundreds of millions of TikTok users in this country and around the world.”
In December, members of the House Select Committee on the Chinese Communist Party sent letters to Apple CEO Tim Cook and Google CEO Sundar Pichai, urging the executives to begin preparing to comply with the law.
Shou Zi Chew, CEO of TikTok, speaks to reporters outside the office of Sen. John Fetterman (D-PA) at the Russell Senate Office Building on March 14, 2024 in Washington, DC.
Anna Moneymaker | Getty Images
On Jan. 10, the Supreme Court heard oral arguments from lawyers representing TikTok, content creators and the U.S. government. TikTok’s lead lawyer, Noel Francisco, argued that the law violates the First Amendment rights of the app’s 170 million American users. U.S. Solicitor General Elizabeth Prelogar argued that the app’s alleged ties to the Chinese government pose a national security threat.
Many TikTok creators have been telling their fans to find them on competing social platforms such as Google’s YouTube and Meta’s Facebook and Instagram, CNBC reported. Additionally, Instagram leaders scheduled meetings after the Jan. 10 Supreme Court hearing to direct workers to prepare for a wave of users if the court upholds the law.
Chinese social media app and TikTok look-alike RedNote rose to the top of Apple’s app store Monday, indicating that TikTok’s millions of users were seeking alternatives.
The Chinese government also weighed a contingency plan that would have X owner Elon Musk acquire TikTok’s U.S. operations as part of several options intended to keep the app from its effective ban in the U.S., Bloomberg News reported Monday.
Should ByteDance decide to sell TikTok to a U.S. company or group of investors, potential buyers may have to pay between $40 billion and $50 billion, according to an estimate by CFRA Research Senior Vice President Angelo Zino.
WATCH: SCOTUS hears TikTok ban case
Jakub Porzycki | Nurphoto | Getty Images
Bitcoin rejoined the crypto rally on Friday amid reports that President-elect Donald Trump could release an executive order making crypto a national priority as soon as day 1 of his new term.
The price of the flagship cryptocurrency was last higher by more than 2% at $103,174.90, according to Coin Metrics. The broader crypto market, as measured by the CoinDesk 20 index, was up another 1%, after a 4% increase Thursday.
Shares of exchange operators Coinbase and Robinhood advanced about 5% each. Trading activity in small cap cryptocurrencies benefits trading platforms. Appetite for smaller cap, higher risk coins has grown ahead of Trump’s inauguration, with litecoin surging 26% in the past two days.
The moves follow a Bloomberg report late Thursday that Trump could create the crypto advisory council he previously promised, giving the industry a voice within his administration. A bitcoin stockpile is part of discussions about a possible executive order that would cover several areas of crypto policy, the New York Times reported the same day.
Bitcoin trades above $100,000 ahead of Trump’s inauguration
Coins and crypto projects outside of bitcoin arguably stand to gain more from clear and supportive policy and regulation as they’ve been more of a target of SEC lawsuits and alleged banking discrimination under the Biden administration. Some investors say bitcoin could see a rocket ship rally, however, if a national stockpile or reserve is established.
Bitcoin has been trading closely with stocks so far this year. It’s been in consolidation mode since late December, when Federal Reserve chair Jerome Powell sounded an inflation alarm that subsided this week after two cool December inflation reports. Bitcoin ETFs have seen more than $1 billion in inflows in the past two days.
Investors expect any announcements from the incoming administration next week to send bitcoin higher – potentially to a new record. Heightened expectations come after warnings from Wall Street this month that although having a pro-crypto Congress and White House in 2025 is sure to be supportive for innovation in the industry and asset class, it could take a while before the market feels the impact.
“The new administration and a new SEC chairman opens the door for new opportunity in cryptocurrency innovation,” JPMorgan analyst Kenneth Worthington said in a note this week. However, he added, “we don’t see a next wave of cryptocurrency [exchange-traded product] launches as being meaningful for the crypto ecosystem given much smaller market capitalization of other tokens and far lower investor interest.”
Bitcoin’s record is $108,327.01, from Dec. 17. It’s up 9% in 2025.
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