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Re:Microsoft is a minority owner of OpenAI Global LLC by onlyrealcuzzo on Saturday November 18, 2023 @08:06AM (#38319088)
> Lawyers for Microsoft and other investors will be knocking on the boards' door Monday morning and some of these board members who have never had a real job in their lives will get steamrolled.

Legally, Microsoft clearly knew they were stepping into some whacky corporate structure.

If their profits are capped and they have no rights, that's what it is.

You think they're just going to complain their way out of it in court?

I'm not convinced.

Re:Microsoft is a minority owner of OpenAI Global LLC by wokwokwok on Saturday November 18, 2023 @08:48AM (#38319561)
Does it matter?

When does controversial corporate stuff not result in some kind of legal action?

It doesn’t actually matter what the situation is, or if it makes sense… you just take your pack of lawyers and you point them at the enemy and tell them to do their jobs.

I mean, have you met Microsoft?

Yeah. They have a lot of lawyers.

I think you can take it as a given this will have some kind of response… it’ll just be a matter of them trying to judge the benefits vs. the cost of it.

Ie. it is not that they can’t lodge legal action, because, trust me, they can… but they, I guess, will wait and see what Sam does, and try to decide if/who they want to back before they do anything.

Re:Microsoft is a minority owner of OpenAI Global LLC by jgalt212 on Saturday November 18, 2023 @09:21AM (#38319898)
> When does controversial corporate stuff not result in some kind of legal action?

Truth. And further leverage depending on how much of the $10B in cash or Azure equivalents MSFT has already delivered.

Re:Microsoft is a minority owner of OpenAI Global LLC by DebtDeflation on Saturday November 18, 2023 @08:55AM (#38319621)
You're missing the point. Microsoft doesn't care about the ROI of their investment in OpenAI or who is the CEO. They care about having unfettered access to sell access to GPT4 and subsequent APIs on Azure and they will fight that to the death in court and will win. If the board wants to turn the company into some fantasy AGI foundation and cease work on their LLMs they will be ousted faster than Sam was.
Re:Microsoft is a minority owner of OpenAI Global LLC by mattmaroon on Saturday November 18, 2023 @09:09AM (#38319759)
Ousted by who? To whom do they answer?

I’ve got some experience in not for profit boards and for profit boards. For profit boards serve shareholders. Not for profit boards are often the ultimate authority. There are no shareholders. They may have members who fill that role, or they may not. They can also be essentially self-sustaining, with only board members electing new board members.

Unless given some authority by contract Microsoft likely has no ability to do anything with their board.

Re:Microsoft is a minority owner of OpenAI Global LLC by godzillabrennus on Saturday November 18, 2023 @10:12AM (#38320445)
Microsoft can hire the most expensive lawyers in the world to steamroll this board by forcing them to spend all of their funding until they are forced to sell assets to cover costs. It’ll be a dark day for these people who thought ousting Sam was a good day when half the company departs for his next go at this anyway.
Re:Microsoft is a minority owner of OpenAI Global LLC by paganel on Saturday November 18, 2023 @10:29AM (#38320599)
And that will help MS how, exactly?

Also, "hiring the best lawyers in the world" is similar to the "nine women can't give birth to one baby in one month", that is, from a certain point on both sides can "hire the best lawyers in the world", or pretty much close to it, an order of magnitude (or two or three, like MS has over whoever will stand behind the OpenAI's board members in helping them with money) bigger scale doesn't necessarily guarantee the expected outcome.

Re:Microsoft is a minority owner of OpenAI Global LLC by mattmaroon on Saturday November 18, 2023 @03:43PM (#38324166)
People have a lot of magical thinking about how the legal system works when they haven’t experienced it first hand.

If one company could sue another smaller company out of business at will, there would only be one company.

It does happen that companies go bankrupt fighting invalid lawsuits, no doubt, but it’s rare and it’s almost never a company that just built the most talked about product of the decade and raised an 11 digit war chest.

Re:Microsoft is a minority owner of OpenAI Global LLC by TerrifiedMouse on Saturday November 18, 2023 @11:11AM (#38321053)
> forcing them to spend all of their funding until they are forced to sell assets to cover costs

It will be hilarious if they sold all their IP to Google or Amazon.

But it's more likely in such a case, they will just open source / toss into public domain all their IP, shut their doors, and start a new non-profit which MS has no good reason to sue.

Re:Microsoft is a minority owner of OpenAI Global LLC by mattmaroon on Saturday November 18, 2023 @03:28PM (#38324010)
It’s more likely that Microsoft won’t sue at all because OpenAI hasn’t done anything to cause them to (when have you ever heard of a company suing another company over a change of leadership?) and it’s just some silly HN speculation that makes no sense.

Or that if Microsoft did sue (perhaps because something that happens in the near future violates their contracts) OpenAi just spends like 1% of their cash on legal fees. $100 million in legal fees is not an existential risk to companies who recently raised $10b.

Re:Microsoft is a minority owner of OpenAI Global LLC by mattmaroon on Saturday November 18, 2023 @02:29PM (#38323413)
They have tens of billions of dollars they raised. Microsoft can’t make them spend even 10% of that on legal fees. Also why would Microsoft do that?

That just isn’t how the legal system works. You can sue a small business into bankruptcy because a few million in legal fees is enough.

Re:Microsoft is a minority owner of OpenAI Global LLC by TerrifiedMouse on Saturday November 18, 2023 @09:43AM (#38320164)
> If the board wants to turn the company into some fantasy AGI foundation and cease work on their LLMs

Depends on the contract. If the contract says nothing about OpenAI having to work on LLMs ... then there is nothing MS can do if they stopped all LLM work and worked on something else.

Re:Microsoft is a minority owner of OpenAI Global LLC by theonemind on Saturday November 18, 2023 @10:14AM (#38320460)
> If the board wants to turn the company into some fantasy AGI foundation

https://openai.com/charter

I think that's basically literally their charter?

Re:Microsoft is a minority owner of OpenAI Global LLC by lumost on Saturday November 18, 2023 @09:08AM (#38319753)
Who knows what representations were made. I can’t imagine MSFT pumped 10B into something without protection.
Re:Microsoft is a minority owner of OpenAI Global LLC by lucubratory on Saturday November 18, 2023 @09:15AM (#38319833)
There is no indication that OpenAI won't honour its commitments to Microsoft, and I think it's incredibly unlikely that said commitments to Microsoft had anything at all about keeping Sam Altman as CEO.
Re:Microsoft is a minority owner of OpenAI Global LLC by jgalt212 on Saturday November 18, 2023 @09:22AM (#38319911)
Yes, but the vibes have changed dramatically. I would expect some follow on agreements and / or amendments from MSFT.
Re:Microsoft is a minority owner of OpenAI Global LLC by capableweb on Saturday November 18, 2023 @10:33AM (#38320653)
Normally, I'd say that probably they hold a lot of power in their agreements. But in this case? Sure, they've been providing hosting and resources, but I'm sure there are at least 5 other companies that could and would provide the same if they had the opportunity, just to be associated with OpenAI.
Re:Microsoft is a minority owner of OpenAI Global LLC by oneoff111 on Saturday November 18, 2023 @11:03AM (#38320968)
Don’t underestimate the length of time and magnitude of investment from MSFT. They spent years solving the technical problems that arise when trying to train these models. They are currently the only corporation who knows how to host OpenAI-scale training. They are literally building data centers for OpenAI according to OpenAI’s whims. This is not an insurmountable lead but it could take years for others to catch up, or a dramatic change in GPU hardware/transformer architecture. They laid off 10s of thousands to “pay” for all of this (not in terms of dollars necessarily but in terms of messaging and public strategy).
Re:Microsoft is a minority owner of OpenAI Global LLC by onlyrealcuzzo on Saturday November 18, 2023 @07:22PM (#38326697)
They get to pretend to have huge cloud usage - a huge chunk Azure comes from OpenAI - which they count as another massive gain in a different division in the company.

Their stock is probably up $250B because of this investment...

The idea they're getting screwed is interesting.

Microsoft is a lot of things - stupid and incompetent are neither of those things.

They want to have their cake and eat it, too.

Re:Microsoft is a minority owner of OpenAI Global LLC by lokar on Saturday November 18, 2023 @11:09AM (#38321025)
Could the agreement have a “key man” clause ?