4 ms·

They might have code escrow and IP transfer clause that are activated on some condition, like actual OpenAI defunction.

toomuchtodo 3y ago
https://stratechery.com/2023/openais-misalignment-and-microsofts-gain/ https://stratechery.com/2023/openais-misalignment-and-micros... > This is, quite obviously, a phenomenal outcome for Microsoft. The company already has a perpetual license to all OpenAI IP (short of artificial general intelligence), including source code and model weights; the question was whether it would have the talent to exploit that IP if OpenAI suffered the sort of talent drain that was threatened upon Altman and Brockman’s removal. Indeed they will, as a good portion of that talent seems likely to flow to Microsoft; you can make the case that Microsoft just acquired OpenAI for $0 and zero risk of an antitrust lawsuit. > (Microsoft’s original agreement with OpenAI also barred Microsoft from pursuing AGI based on OpenAI tech on its own; my understanding is that this clause was removed in the most recent agreement) > Microsoft’s gain, meanwhile, is OpenAI’s loss, which is dependent on the Redmond-based company for both money and compute: the work its employees will do on AI will either be Microsoft’s by virtue of that perpetual license, or Microsoft’s directly because said employees joined Altman’s team. OpenAI’s trump card is ChatGPT, which is well on its way to achieving the holy grail of tech — an at-scale consumer platform — but if the reporting this weekend is to be believed, OpenAI’s board may have already had second thoughts about the incentives ChapGPT placed on the company (more on this below). Discussed at https://news.ycombinator.com/item?id=38346869 https://news.ycombinator.com/item?id=38346869
- himaraya 3y ago
  The cited source indicates otherwise, that the license comes with restrictions. Ben didn't read the article. https://www.wsj.com/articles/microsoft-and-openai-forge-awkward-partnership-as-techs-new-power-couple-3092de51 https://www.wsj.com/articles/microsoft-and-openai-forge-awkw...
  - jacquesm 3y ago
    Who will fight them?
    - himaraya 3y ago
      OpenAI's lawyers? Big tech passes everything through legal anyways.
      - jacquesm 3y ago
        Except for firing execs it seems. Everybody who remains in charge at OpenAI has so many conflicts of interest now that their best bet is to lay very low. Unless they want to be in lawsuits for the next couple of generations. And so far laying low is exactly what they are doing. Has there been any substantial statement from the new CEO yet?
        himaraya 3y ago
        OpenAI isn't Big Tech? Adam could reasonably argue his interest in Poe doesn't conflict with the nonprofit charter. Sam & Greg saw fit to leave him in place. Uncommunicative boards remain less unusual than you think, unfortunately.
        jacquesm 3y ago
        > Adam could reasonably argue his interest in Poe doesn't conflict with the nonprofit charter. Good luck with that line of argument, I wouldn't want my reputation and my fortune to hinge on that. > Sam & Greg saw fit to leave him in place. Bad mistake on their part given the guy's history. > Nothing from Emmett yet. I wonder if he'll resign...
        himaraya 3y ago
        I really don't think investors have the case you think they do. They may ultimately pin the board on some technicality but the case looks far from straightforward. Anyways, it looks like Sam has finally started talking with the board again. https://www.bloomberg.com/news/articles/2023-11-21/altman-openai-board-open-talks-to-negotiate-his-possible-return https://www.bloomberg.com/news/articles/2023-11-21/altman-op...
jacquesm 3y ago
Or maybe just their favorite CEO leaving the company or being forced out (or two out of three of the original founders leaving). Escrow triggers can be whatever you want them to be, but they do need to be spelled out up front and MS hopefully would never invest that kind of money without a legal review and a risk assessment.

https://stratechery.com/2023/openais-misalignment-and-microsofts-gain/ https://stratechery.com/2023/openais-misalignment-and-micros... > This is, quite obviously, a phenomenal outcome for Microsoft. The company already has a perpetual license to all OpenAI IP (short of artificial general intelligence), including source code and model weights; the question was whether it would have the talent to exploit that IP if OpenAI suffered the sort of talent drain that was threatened upon Altman and Brockman’s removal. Indeed they will, as a good portion of that talent seems likely to flow to Microsoft; you can make the case that Microsoft just acquired OpenAI for $0 and zero risk of an antitrust lawsuit. > (Microsoft’s original agreement with OpenAI also barred Microsoft from pursuing AGI based on OpenAI tech on its own; my understanding is that this clause was removed in the most recent agreement) > Microsoft’s gain, meanwhile, is OpenAI’s loss, which is dependent on the Redmond-based company for both money and compute: the work its employees will do on AI will either be Microsoft’s by virtue of that perpetual license, or Microsoft’s directly because said employees joined Altman’s team. OpenAI’s trump card is ChatGPT, which is well on its way to achieving the holy grail of tech — an at-scale consumer platform — but if the reporting this weekend is to be believed, OpenAI’s board may have already had second thoughts about the incentives ChapGPT placed on the company (more on this below). Discussed at https://news.ycombinator.com/item?id=38346869 https://news.ycombinator.com/item?id=38346869

himaraya 3y ago
The cited source indicates otherwise, that the license comes with restrictions. Ben didn't read the article. https://www.wsj.com/articles/microsoft-and-openai-forge-awkward-partnership-as-techs-new-power-couple-3092de51 https://www.wsj.com/articles/microsoft-and-openai-forge-awkw...
- jacquesm 3y ago
  Who will fight them?
  - himaraya 3y ago
    OpenAI's lawyers? Big tech passes everything through legal anyways.
    - jacquesm 3y ago
      Except for firing execs it seems. Everybody who remains in charge at OpenAI has so many conflicts of interest now that their best bet is to lay very low. Unless they want to be in lawsuits for the next couple of generations. And so far laying low is exactly what they are doing. Has there been any substantial statement from the new CEO yet?
      - himaraya 3y ago
        OpenAI isn't Big Tech? Adam could reasonably argue his interest in Poe doesn't conflict with the nonprofit charter. Sam & Greg saw fit to leave him in place. Uncommunicative boards remain less unusual than you think, unfortunately.
        jacquesm 3y ago
        > Adam could reasonably argue his interest in Poe doesn't conflict with the nonprofit charter. Good luck with that line of argument, I wouldn't want my reputation and my fortune to hinge on that. > Sam & Greg saw fit to leave him in place. Bad mistake on their part given the guy's history. > Nothing from Emmett yet. I wonder if he'll resign...
        himaraya 3y ago
        I really don't think investors have the case you think they do. They may ultimately pin the board on some technicality but the case looks far from straightforward. Anyways, it looks like Sam has finally started talking with the board again. https://www.bloomberg.com/news/articles/2023-11-21/altman-openai-board-open-talks-to-negotiate-his-possible-return https://www.bloomberg.com/news/articles/2023-11-21/altman-op...

jacquesm 3y ago

Or maybe just their favorite CEO leaving the company or being forced out (or two out of three of the original founders leaving). Escrow triggers can be whatever you want them to be, but they do need to be spelled out up front and MS hopefully would never invest that kind of money without a legal review and a risk assessment.