🚨 OpenAI just REMOVED the AGI clause that was a structural protection of OpenAI's charitable mission, while jury selection was happening today
The 2019 capped-profit structure had three protections for the charitable mission:
1. 100x profit cap: REMOVED in PBC conversion
2. AGI clause: REMOVED today
3. Microsoft exclusivity: REMOVED today
All three are gone.
This is exactly what Musk's lawsuit alleges: the people running OpenAI systematically dismantled the mission-protection mechanisms. Today they did it again.
The defense theory just got harder.
OpenAI's defense includes: "Microsoft's $13 billion-plus investment was necessary for our mission. Without that capital, OpenAI couldn't have shipped GPT-4 or scaled ChatGPT."
But today, on the morning of trial, OpenAI announced they are decoupling from Microsoft:
• AGI clause REMOVED. The nuclear option that let the non-profit board terminate Microsoft's commercial rights once AGI was achieved. Gone.
• Microsoft IP license now NON-EXCLUSIVE through 2032. OpenAI can license to anyone.
• Cloud exclusivity ENDED. OpenAI can sell across AWS, Google Cloud, Oracle.
• Revenue share capped. Microsoft no longer pays revenue share to OpenAI; OpenAI still pays Microsoft through 2030.
If Microsoft was so necessary, why restructure on the day the case reaches a jury?
Musk's lawyers will use this in court tomorrow.