3 ms·
It would think it is legally enforceable, but I suspect Kathy Jennings is the only person who has standing to sue over it.
by mminer237 2y ago
It would think it is legally enforceable, but I suspect Kathy Jennings is the only person who has standing to sue over it.
- 0xDEAFBEAD 2y agoSo perhaps we can start a campaign of writing letters to her? I'm curious about the "fiduciary duty" part. As a member of humanity, it would appear that OpenAI has a fiduciary duty to me. Does that give me standing? Suppose I say that OpenAI compromises my safety (and thus finances) by failing to discuss risks, having a poor safety culture (as illustrated by employee exits), and racing. Would that fly?
- mminer237 2y agoUnder Lujan v. Defenders of Wildlife, you have to suffer a concrete, discernible injury. They can have broken their promise to you, but unless you can prove the dollar amount that harmed you, you can't sue. Even if you donated to them, all states I know of assign sole oversight for proper management of those funds to the state AG. If you donate to a food bank and they use the money to buy personal Ferraris instead of helping the hungry, that's clearly illegal, but you'd be out the money either way, so you wouldn't have standing to sue. The attorney general has to sue for mismanagement of funds. If you feel OpenAI is violating their charter, I would definitely encourage writing to Mrs. Jennings to voice that opinion.
- pclmulqdq 2y agoElon Musk absolutely has standing, as one of the biggest donors to the nonprofit. I assume he will settle for some ownership in the for-profit, though.
- melodyogonna 2y agoDidn't he already refuse the shares offered to him?
- pclmulqdq 2y agoI'm sure they just didn't offer him enough shares.
- mminer237 2y agoMaybe. In California that has been ruled to not be the case: https://www.thetaxadviser.com/issues/2021/sep/donor-no-standing-sue-donor-advised-fund.html https://www.thetaxadviser.com/issues/2021/sep/donor-no-stand... I don't know the laws of Delaware well, but I would be surprised if he has standing even as a donor.
- pclmulqdq 2y agoThat was also specifically about a donor-advised fund, which is different than a nonprofit corporation. Elon Musk's tort would be something like "fraud in the inducement" or some weird theory like that not for a breach of fiduciary duty.
- 0xDEAFBEAD 2y agoI suppose Open Philanthropy does as well, then.
- cdchn 2y ago"Humanity vs. OpenAI" would look good on a docket.