Emergency pod: Judge plants a legal time bomb under OpenAI (with Rose Chan Loui)

Emergency pod: Judge plants a legal time bomb under OpenAI (with Rose Chan Loui)

When OpenAI announced plans to convert from nonprofit to for-profit control last October, it likely didn’t anticipate the legal labyrinth it now faces. A recent court order in Elon Musk’s lawsuit against the company suggests OpenAI’s restructuring faces serious legal threats, which will complicate its efforts to raise tens of billions in investment.

As nonprofit legal expert Rose Chan Loui explains, the court order set up multiple pathways for OpenAI’s conversion to be challenged. Though Judge Yvonne Gonzalez Rogers denied Musk’s request to block the conversion before a trial, she expedited proceedings to the fall so the case could be heard before it’s likely to go ahead. (See Rob’s brief summary of developments in the case.)

And if Musk’s donations to OpenAI are enough to give him the right to bring a case, Rogers sounded very sympathetic to his objections to the OpenAI foundation selling the company, benefiting the founders who forswore “any intent to use OpenAI as a vehicle to enrich themselves.”

But that’s just one of multiple threats. The attorneys general (AGs) in California and Delaware both have standing to object to the conversion on the grounds that it is contrary to the foundation’s charitable purpose and therefore wrongs the public — which was promised all the charitable assets would be used to develop AI that benefits all of humanity, not to win a commercial race. Some, including Rose, suspect the court order was written as a signal to those AGs to take action.

And, as she explains, if the AGs remain silent, the court itself, seeing that the public interest isn’t being represented, could appoint a “special interest party” to take on the case in their place.

This places the OpenAI foundation board in a bind: proceeding with the restructuring despite this legal cloud could expose them to the risk of being sued for a gross breach of their fiduciary duty to the public. The board is made up of respectable people who didn’t sign up for that.

And of course it would cause chaos for the company if all of OpenAI’s fundraising and governance plans were brought to a screeching halt by a federal court judgment landing at the eleventh hour.

Host Rob Wiblin and Rose Chan Loui discuss all of the above as well as what justification the OpenAI foundation could offer for giving up control of the company despite its charitable purpose, and how the board might adjust their plans to make the for-profit switch more legally palatable.

This episode was originally recorded on March 6, 2025.

Chapters:

  • Intro (00:00:11)
  • More juicy OpenAI news (00:00:46)
  • The court order (00:02:11)
  • Elon has two hurdles to jump (00:05:17)
  • The judge's sympathy (00:08:00)
  • OpenAI's defence (00:11:45)
  • Alternative plans for OpenAI (00:13:41)
  • Should the foundation give up control? (00:16:38)
  • Alternative plaintiffs to Musk (00:21:13)
  • The 'special interest party' option (00:25:32)
  • How might this play out in the fall? (00:27:52)
  • The nonprofit board is in a bit of a bind (00:29:20)
  • Is it in the public interest to race? (00:32:23)
  • Could the board be personally negligent? (00:34:06)

Video editing: Simon Monsour
Audio engineering: Ben Cordell, Milo McGuire, Simon Monsour, and Dominic Armstrong
Transcriptions: Katy Moore

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#2 - David Spiegelhalter on risk, stats and improving understanding of science

#2 - David Spiegelhalter on risk, stats and improving understanding of science

Recorded in 2015 by Robert Wiblin with colleague Jess Whittlestone at the Centre for Effective Altruism, and recovered from the dusty 80,000 Hours archives. David Spiegelhalter is a statistician at the University of Cambridge and something of an academic celebrity in the UK. Part of his role is to improve the public understanding of risk - especially everyday risks we face like getting cancer or dying in a car crash. As a result he’s regularly in the media explaining numbers in the news, trying to assist both ordinary people and politicians focus on the important risks we face, and avoid being distracted by flashy risks that don’t actually have much impact. Summary, full transcript and extra links to learn more. To help make sense of the uncertainties we face in life he has had to invent concepts like the microlife, or a 30-minute change in life expectancy. (https://en.wikipedia.org/wiki/Microlife) We wanted to learn whether he thought a lifetime of work communicating science had actually had much impact on the world, and what advice he might have for people planning their careers today.

21 Juni 201733min

#1 - Miles Brundage on the world's desperate need for AI strategists and policy experts

#1 - Miles Brundage on the world's desperate need for AI strategists and policy experts

Robert Wiblin, Director of Research at 80,000 Hours speaks with Miles Brundage, research fellow at the University of Oxford's Future of Humanity Institute. Miles studies the social implications surrounding the development of new technologies and has a particular interest in artificial general intelligence, that is, an AI system that could do most or all of the tasks humans could do. This interview complements our profile of the importance of positively shaping artificial intelligence and our guide to careers in AI policy and strategy Full transcript, apply for personalised coaching to work on AI strategy, see what questions are asked when, and read extra resources to learn more.

5 Juni 201755min

#0 – Introducing the 80,000 Hours Podcast

#0 – Introducing the 80,000 Hours Podcast

80,000 Hours is a non-profit that provides research and other support to help people switch into careers that effectively tackle the world's most pressing problems. This podcast is just one of many things we offer, the others of which you can find at 80000hours.org. Since 2017 this show has been putting out interviews about the world's most pressing problems and how to solve them — which some people enjoy because they love to learn about important things, and others are using to figure out what they want to do with their careers or with their charitable giving. If you haven't yet spent a lot of time with 80,000 Hours or our general style of thinking, called effective altruism, it's probably really helpful to first go through the episodes that set the scene, explain our overall perspective on things, and generally offer all the background information you need to get the most out of the episodes we're making now. That's why we've made a new feed with ten carefully selected episodes from the show's archives, called 'Effective Altruism: An Introduction'. You can find it by searching for 'Effective Altruism' in your podcasting app or at 80000hours.org/intro. Or, if you’d rather listen on this feed, here are the ten episodes we recommend you listen to first: • #21 – Holden Karnofsky on the world's most intellectual foundation and how philanthropy can have maximum impact by taking big risks • #6 – Toby Ord on why the long-term future of humanity matters more than anything else and what we should do about it • #17 – Will MacAskill on why our descendants might view us as moral monsters • #39 – Spencer Greenberg on the scientific approach to updating your beliefs when you get new evidence • #44 – Paul Christiano on developing real solutions to the 'AI alignment problem' • #60 – What Professor Tetlock learned from 40 years studying how to predict the future • #46 – Hilary Greaves on moral cluelessness, population ethics and tackling global issues in academia • #71 – Benjamin Todd on the key ideas of 80,000 Hours • #50 – Dave Denkenberger on how we might feed all 8 billion people through a nuclear winter • 80,000 Hours Team chat #3 – Koehler and Todd on the core idea of effective altruism and how to argue for it

1 Maj 20173min

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