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OpenAI Retreats from Restructuring Plan, Nonprofit Retains Control Amid Lawsuit and Public Backlash

OpenAI has reversed course on a major restructuring plan, announcing on Monday that its nonprofit parent will retain control over its for-profit arm — a move aimed at easing growing criticism and legal pressure, including a lawsuit from co-founder Elon Musk.

In a blog post, CEO Sam Altman emphasized that OpenAI will remain under nonprofit oversight, countering a December proposal to convert the for-profit unit into a Public Benefit Corporation (PBC). That plan, which would have diluted nonprofit control in favor of capital-raising flexibility, faced strong pushback from civic leaders, regulators, and former OpenAI insiders.

We made the decision for the nonprofit to stay in control after hearing from civic leaders and having discussions with the offices of the Attorneys General of California and Delaware,” said Bret Taylor, chairman of OpenAI’s board.

While the nonprofit will remain the controlling entity and a major shareholder, OpenAI still plans to proceed with uncapping investor profits and revising its for-profit structure to attract future funding. The company is also working with Microsoft, regulators, and other stakeholders to finalize equity distribution under the updated plan.

However, critics say the announcement lacks clarity. Page Hedley, a former OpenAI ethics adviser, said the nonprofit’s reduced ownership stake raises questions about whether OpenAI’s mission — ensuring artificial general intelligence (AGI) benefits all of humanity — will remain legally paramount under the revised structure.

Meanwhile, Elon Musk’s lawsuit will proceed, with his legal team dismissing the move as a cosmetic change. Attorney Marc Toberoff argued that the new structure hides how much control the nonprofit has ceded to the for-profit business.

Despite the controversy, Altman said investor confidence remains strong, and that the company can still raise up to $40 billion in new funding, including a proposed round led by SoftBank at a $300 billion valuation.

The update comes as the AI arms race intensifies, with OpenAI seeking a delicate balance between mission fidelity and capital flexibility, all while navigating legal scrutiny, ethical concerns, and internal leadership tensions.

Elon Musk to Proceed with Lawsuit Against OpenAI Despite Nonprofit Control Assurance

Elon Musk will continue pursuing his lawsuit against OpenAI, his attorney Marc Toberoff confirmed on Monday, despite the company reaffirming that its nonprofit parent will retain control over its for-profit arm.

OpenAI, co-founded by Musk, had recently proposed a governance plan that maintains its nonprofit entity’s control over its for-profit operations and gives it a significant shareholder position. However, Musk’s legal team claims the move is superficial and insufficient.

Nothing in today’s announcement changes the fact that OpenAI will still be developing closed-source AI for the benefit of [CEO Sam] Altman, his investors, and Microsoft,” said Toberoff. He criticized the plan for lacking transparency, particularly regarding the nonprofit’s diluted stake in the for-profit venture.

Musk, who has grown increasingly critical of OpenAI, accuses the company of abandoning its original mission of open-source development for public benefit. His lawsuit aims to block what he describes as a corporate shift toward private enrichment, particularly in favor of Microsoft, a key investor and partner.

OpenAI dismissed Musk’s lawsuit as meritless, with a company spokesperson stating, “Elon continuing with his baseless lawsuit only proves that it was always a bad-faith attempt to slow us down.”

The case is expected to proceed to jury trial in March 2026. It has drawn wide attention from other tech leaders and AI researchers, including Meta and Geoffrey Hinton, the “godfather of AI,” who have raised concerns about the implications of powerful AI being developed under private control without sufficient regulatory oversight.

India Forms Expert Panel to Review Copyright Law in Wake of AI Legal Battles

India has convened an eight-member expert panel to review the Copyright Act of 1957 and assess whether it adequately addresses artificial intelligence-related disputes, amid ongoing litigation against OpenAI by major Indian news publishers.

The secret memo, reviewed by Reuters, outlines how the Ministry of Commerce has tasked intellectual property lawyers, government officials, and tech executives to examine legal and policy challenges related to the use of copyrighted content by AI models like ChatGPT.

The move comes in response to a pending high court case in New Delhi filed by prominent media entities such as NDTV, Indian Express, Hindustan Times, and members of the Digital News Publishers Association. The plaintiffs accuse OpenAI of using their content without authorization to train ChatGPT, which they argue constitutes copyright infringement.

OpenAI has denied any wrongdoing, asserting that it uses publicly available data and offers an opt-out mechanism for websites. The company maintains that its practices do not breach Indian copyright law.

The panel’s mandate includes reviewing the scope and interpretation of existing laws, evaluating how global copyright trends intersect with AI, and delivering recommendations for legal updates or clarifications to the government.

India joins a growing list of countries — including the U.S., EU members, and Japan — grappling with how to regulate AI training data in a way that balances innovation, creator rights, and fair use.