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Exploring Elon Musk’s $97 Billion Proposal for OpenAI
Recent discussions have emerged regarding Elon Musk’s substantial $97 billion hostile offer for Sam Altman’s OpenAI. Notably, it appears that the proposal has yet to reach anyone at OpenAI.
Should the bid eventually be presented, it may be faced with significant legal challenges right from the start. The board of OpenAI holds no legal obligation to optimize returns for its investors within the for-profit branch. Instead, their primary responsibility is to adhere to the organization’s charter, which encompasses a mission to prevent artificial intelligence and artificial general intelligence (AGI) from being used in ways that could harm humanity or consolidate excessive power. The board can assess whether any potential asset acquirer aligns with this mission. Consequently, they could reject Musk’s offer based solely on this principle, as Altman previously indicated in a message on X.
Furthermore, Musk seems to have an additional strategy in mind: subtly influencing the attorneys general of California, where OpenAI is headquartered, and Delaware, where it is legally registered, to prevent the organization from transforming its subsidiary into a for-profit entity.
Currently, Musk is pursuing legal action aimed at achieving this goal. Recently, a judge remarked that his case might be a “stretch.” His proposal could serve as a pressure tactic to compel an attorney general to scrutinize the valuation assigned to OpenAI’s nonprofit segment when considering a transition to a profit-based model. Part of the attorney general’s responsibilities is to ensure that nonprofits receive appropriate value for their assets.
However, Musk’s track record of lawsuits against OpenAI and his public remarks raise doubts about the legitimacy of using his bid as a benchmark for valuation. Given his complex relationship with California and Delaware—especially after relocating Tesla’s headquarters to Austin and reincorporating in Texas—it seems unlikely that he would receive sympathetic consideration.
Contextual Insight: “Maximally Transparent”
In an unrelated yet notable incident, former President Trump recently dismissed a Time magazine cover featuring Elon Musk seated at the Resolute Desk.
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