OpenAI declared on Tuesday that it has officially transformed its core business into a for-profit entity, concluding a lengthy and challenging legal dispute.
Delaware Attorney General Kathy Jennings, an essential regulatory figure, announced her approval of a plan for the startup, initially established as a nonprofit in 2015, to transition into a public benefit corporation. This type of for-profit organization highlights a commitment to societal betterment.
The company also revealed that it has restructured its ownership and inked a new agreement with its long-time supporter, Microsoft. The arrangement will provide the tech giant with about a 27% stake in OpenAI’s new commercial venture, altering some specifics of their close partnership. According to the deal, OpenAI is valued at $500 billion, making Microsoft’s stake worth over $100 billion.
This restructuring allows the creators of ChatGPT to raise funds more easily and profit from AI technology while remaining under the nominal oversight of the original nonprofit.
Jennings stated in a release that she does not oppose the proposal, marking the end of over a year of discussions and announcements regarding the oversight of OpenAI’s governance and the influence commercial investors and their nonprofit board will exert over the organization’s technology. The attorney generals of Delaware, where OpenAI is incorporated, and California, where its headquarters are located, both indicated they were investigating the proposed alterations.
OpenAI confirmed it completed the reorganization “after almost a year of productive discussions” with authorities in both states.
“OpenAI has finalized a recapitalization and streamlined its corporate framework,” Brett Taylor, chairman of the OpenAI board, stated in a blog post on Tuesday.
Elon Musk, one of the co-founders of OpenAI and a former ally of Mr. Altman, had contested the transition through a lawsuit, which he later dropped, then refiled, and made an unexpected bid of nearly $100 billion to take control of the startup.
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“Nonprofits will continue to oversee for-profit corporations and now have direct access to essential resources before AGI arrives,” Taylor noted.
AGI, or artificial general intelligence, is defined by OpenAI as “a highly autonomous system that surpasses humans at the most economically significant tasks.” OpenAI was founded as a nonprofit in 2015 with the goal of safely creating AGI for the betterment of humanity.
Previously, OpenAI stated that its own board would determine when AGI would be achieved, effectively ending its partnership with Microsoft. However, now “Once AGI is announced by OpenAI, this declaration will be confirmed by an independent panel of experts,” and Microsoft’s rights to OpenAI’s proprietary research methodologies will “persist until the panel of experts confirms the AGI or until 2030, whichever occurs first.” Microsoft also retains commercial rights to certain “post-AGI” products from OpenAI.
Microsoft also released a related statement on Tuesday regarding the revised partnership, but opted not to provide additional comments.
The nonprofit will be rebranded as the OpenAI Foundation, and Taylor mentioned it will allocate $25 billion in grants for health and disease treatment and to safeguard against AI-related cybersecurity threats. He did not specify the timeline for disbursing these funds.
Robert Wiseman, co-director of the nonprofit organization Public Citizen, remarked that this setup does not ensure autonomy for nonprofits, comparing them to corporate foundations that cater to the interests of for-profit entities.
Wiseman stated that while a nonprofit’s board may formally retain oversight, “control is illusory because there is no evidence that the nonprofit has enforced its values on the for-profit.”
Source: www.theguardian.com

