Elon Musk stated he’ll drop his unsolicited $97.4 billion bid to take over OpenAI if the Sam Altman-led firm agrees to droop plans to restructure from nonprofit to for-profit entity, in accordance with courtroom data.
Musk’s attorneys outlined his place in a Wednesday submitting as a part of the xAI proprietor’s sweeping federal lawsuit in opposition to OpenAI, Altman and others. Musk has additionally requested a federal decide to halt OpenAI’s plans to restructure via a preliminary injunction.
“If OpenAI, Inc.’s Board is prepared to preserve the charity’s mission and stipulate to take the ‘for sale’ sign off its assets by halting its conversion, Musk will withdraw the bid,” the submitting stated.
The stunning bid from Musk and a gaggle of blue-chip traders marked an escalation in his long-running authorized conflict with OpenAI, which he co-founded in 2015 however exited after disagreements with Altman.
It additionally marks a serious headache for OpenAI’s restructuring plans, which have been already seen as difficult as a consequence of a weird company construction through which a nonprofit board oversees the corporate. OpenAI has stated the nonprofit will live on however received’t be in cost.
OpenAI argued in a separate submitting that Musk’s shock takeover bid “further exposes” his request for a preliminary injunction “as an improper bid to undermine a competitor.”
Musk’s xAI straight competes with OpenAI.
OpenAI’s attorneys additionally declare that Musk’s supply to purchase the corporate contradicts the unique premise of his lawsuit.
“In this court, Musk argues that OpenAI Inc.’s assets cannot be ‘transferred away’ for ‘private gain’….but out of court, those constraints evidently do not apply, so long as Musk and his allies are the buyers,” the submitting stated.
“Musk would have OpenAI Inc. transfer all of its assets to him, for his economic benefit and that of his competing AI business and hand-picked private investors.”
Filed final yr, Musk’s lawsuit names OpenAI, Altman, key investor Microsoft, billionaire Reid Hoffman and others as co-defendants.
The go well with alleges that OpenAI deserted its authentic objective of creating AI to profit humanity whereas remodeling from a “tax-exempt charity to a $157 billion for-profit, market-paralyzing gorgon.”
![Sam Altman](https://nypost.com/wp-content/uploads/sites/2/2025/02/openai-ceo-sam-altman-speaks-98479015.jpg?w=1024)
Musk additionally claims that he’ll endure irreparable hurt until a decide grants an injunction stopping OpenAI’s restructuring plans.
US District Decide Yvonne Gonzalez Rogers, who’s overseeing the case, known as Musk’s claims about irreparable hurt a “stretch” however stated she would permit proceedings to go to trial as long as Musk seems to testify. The decide has but to rule on the injunction.
Musk’s stunning $9.4 billion bid consists of financing from outstanding enterprise corporations comparable to Joe Lonsdale’s 8VC, Valor Fairness Companions, Baron Capital, Atreides Administration and Vy Capital, and Endeavor CEO Ari Emanuel.
Musk’s lawyer stated his startup, xAI, might merge with OpenAI if a deal occurs.
Altman has additionally flatly rejected the supply whereas stating that OpenAI was “not for sale.” He additionally personally blasted Musk, telling Bloomberg that “his whole life is from a position from insecurity” and that he doesn’t suppose Musk is a “happy person.”
“He obviously is a competitor,” Altman added. “I wish he would just compete by building a better product, but I think there’s been a lot of tactics, many, many lawsuits, all sorts of other crazy stuff, now this.”