OpenAI claims that Elon Musk's offer to acquire the company refutes its arguments, which it set out in a lawsuit to ban the commercialization of OpenAI. This was reported by Bloomberg.
Musk and a coalition of investors' unexpected offer to buy OpenAI for $97.4 billion on February 10, indicates that his lawsuit to ban OpenAI from becoming a commercial business is an "improper attempt to undermine a competitor."
"Out of court, those constraints evidently do not apply, so long as Musk and his allies are the buyers," says OpenAI's lawyers. "Musk would have OpenAI, Inc. transfer all of its assets to him, for his economic benefit and that of his competing AI business and hand-picked private investors."
The legal battle between billionaires Elon Musk and Sam Altman over the structure of OpenAI began last year. They are awaiting the decision of US District Judge Yvonne Gonzalez Rogers on Musk's demand to stop the plans to restructure OpenAI.
Musk has already stated that he will withdraw his offer to buy OpenAI if the company stops restructuring. According to Musk's legal team, Altman rejected the offer before OpenAI's board of directors even saw it. This is a breach of fiduciary duty, the lawyers argue.
"If OpenAI, Inc.’s Board is prepared to preserve the charity’s mission and stipulate to take the ‘for sale’ sign off its assets by halting its conversion, Musk will withdraw the bid," according to Musk's lawyers.
At a hearing on February 4, 2025, the judge expressed doubt about the need for immediate action against OpenAI. However, Musk was allowed to file a lawsuit against the company and present his arguments with the participation of both parties.