OpenAI has asked a federal judge in California to reject Elon Musk’s attempt to block the company’s conversion to a for-profit entity. In a court filing on Friday, OpenAI argued that Musk, one of its co-founders, initially supported the move toward a for-profit structure before leaving the company due to disagreements over control and equity stake.
To bolster its case, OpenAI released a series of emails and text messages involving Musk, which it claims demonstrate that he was in favor of the company’s for-profit status. Musk, however, has since launched his own artificial intelligence firm, xAI, and filed a lawsuit against OpenAI in August, accusing the company of prioritizing profits over public benefit in its drive to advance AI.
Musk’s lawsuit also claims that OpenAI’s actions are anticompetitive, alleging that the company is working to monopolize the generative AI market and sideline rivals. He sought a preliminary injunction in November, asking U.S. District Judge Yvonne Gonzalez Rogers to block the conversion to a for-profit company, arguing that it violated contract provisions.
In response, OpenAI argued that Musk’s request is based on “unsupported allegations” and that he should focus on competing in the marketplace rather than through litigation. OpenAI also denied any conspiracy to restrain competition, emphasizing that it operates independently from Microsoft, which has heavily invested in the company.
Microsoft, in a separate filing, reaffirmed that it and OpenAI are independent entities that compete with each other and other companies, fueling innovation in the AI sector.
OpenAI, originally founded as a nonprofit in 2014, has become a major player in generative AI, with substantial backing from Microsoft. In October, OpenAI raised $6.6 billion in funding, boosting its valuation to $157 billion. Musk’s xAI, launched earlier this year, raised about $6 billion in equity financing.
The planned restructuring of OpenAI will transition it into a for-profit benefit corporation, with the nonprofit holding a minority stake in the new entity. Judge Rogers is scheduled to hear arguments for Musk’s injunction on January 14.