Convoluted – Often Incoherent

Convoluted – Often Incoherent, Says OpenAI About Musk’s Claims: Artificial Intelligence Trends

Last week, OpenAI responded to Elon Musk’s lawsuit, saying his claims “rest on convoluted – often incoherent – factual premises”.

In the latest episode of the OpenAI soap opera, OpenAI filed last week a “Defendants’ Application for Complex Designation”, stating:

“Plaintiff Elon Musk quit the company years ago and started his own for-profit AI business. Were this case to proceed to discovery, the evidence would show that Musk supported a for-profit structure for OpenAI, to be controlled by Musk himself, and dropped the project when his wishes were not followed. Seeing the remarkable technological advances OpenAI has achieved, Musk now wants that success for himself. So he brings this action accusing Defendants of breaching a contract that never existed and duties Musk was never owed, demanding relief calculated to benefit a competitor to OpenAI. Musk purports to bring this suit for humanity,…when the truth—evident even from the face of Musk’s contradictory pleading—is that he brings it to advance his own commercial interests.”

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The filing also contended: “This case warrants ‘complex’ designation”, stating: “This case will involve substantial pretrial motion practice”, “This case will likely present significant discovery disputes” (side note: can’t wait to cover those! 😀 ) and “Musk seeks extraordinary injunctive relief implicating complex facts”. To support the “substantial pretrial motion practice”, the filing stated this:

“Musk’s claims rest on convoluted – often incoherent – factual premises. To take just one example, Musk says his Founding Agreement was ‘memorialized,’ but any actual agreement is conspicuously missing from the pleading…Musk instead serves up internally contradictory accounts of what documents constitute this ‘memorialization.’…Musk’s factual allegations span nearly a decade and are asserted against multiple parties. Sifting through the complaint’s sprawling allegations and mapping them onto the applicable legal principles will require time-consuming focus.”

Perhaps in response to the claim that Musk brought the suit “to advance his own commercial interests”, Musk yesterday wrote on Twitt, er, X that “This week, @xAI will open source Grok”, referring to his AI company, xAI, and the presumption that xAI will release the full code of Grok and allow anyone to use it.

Can’t wait to see the next episode in the OpenAI soap opera! Let the games – and the “significant discovery disputes” – continue!

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So, what do you think? Do you agree with OpenAI that Musk’s claims “rest on convoluted – often incoherent – factual premises”? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using Microsoft Bing’s Image Creator Powered by DALL-E, using the term “an opera with soap”.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

One comment

  1. I have a hard time believing anything Musk says these days, so I am definitely not on his side here. The further developments should be fascinating.

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