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Who Is Going to Own OpenAI? Musk’s Bid Puts It to the Test

By Kevin O'Keefe on February 10, 2025
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Artificial intelligence robot arm and businessman completing gear jigsaw puzzle (teamwork)

Mike Isaac, Cade Metz and David Fahrenthold of The New York Times reported Monday evening that a group of investors led by Elon Musk has made a $97.4 billion bid to buy the assets of the nonprofit that controls OpenAI (and ChatGPT), escalating a yearslong, deeply personal tussle for the future of artificial intelligence between Musk and OpenAI’s chief executive, Sam Altman.

It’s one thing to control what we see and from whom we see it via algorithms on Twitter/X (which I use liberally), it seems a whole other thing to control the training data, retrieval methods, and response-generation techniques of an LLM like ChatGPT.

As of December 2024, ChatGPT has surpassed 300 million weekly active users, with users sending over 1 billion messages daily. This growth reflects not only ChatGPT’s widespread adoption but also its significant impact on various sectors, including education, business, and personal productivity.

OpenAI’s business structure is a complex one and Musk is one of the few people who understands it.

OpenAI was founded ten years ago by Altman, Musk, and others, with the goal of freely sharing AI technology. When Musk left in 2018 after a power struggle, Altman shifted OpenAI to a for-profit model to raise the massive funds needed for AI development. However, the nonprofit board retained control over the company.

In 2023, the board fired Altman, citing concerns about OpenAI’s mission. He was reinstated five days later and quickly moved to reduce the nonprofit’s influence, stacking the board with allies and seeking ways to sever its control.

Musk is now offering billions to acquire the nonprofit that still holds control over OpenAI. The nonprofit itself has minimal assets but holds immense power.

The OpenAI nonprofit board, explains the Times, must sell its assets at fair market value. Musk’s offer sets a high benchmark, and if the nonprofit accepts a lower bid from OpenAI’s for-profit arm, it may have to justify the decision to state regulators.

Added to the equation is Musk’s desire to play catch up on a myriad of AI players.

Photo of Kevin O'Keefe Kevin O'Keefe

I am a trial lawyer, turned legal tech entrepreneur, now leading the largest community of legal publishers in the world at LexBlog, Inc.

I am a lawyer of 39 years. Wanting to be a lawyer since I was a kid, I have loved…

I am a trial lawyer, turned legal tech entrepreneur, now leading the largest community of legal publishers in the world at LexBlog, Inc.

I am a lawyer of 39 years. Wanting to be a lawyer since I was a kid, I have loved almost every minute of it.

I practiced as a trial lawyer in rural Wisconsin for 17 years, representing plaintiffs, whether they were injury victims and their family members or small businesses.

In the mid-nineties, I discovered the Internet in the form of AOL. I began helping people by answering questions on AOL message boards and leading AOL’s legal community.

I later started my own listservs and message boards to help people on personal injury, medical malpractice, workers compensation and plaintiff’s employment law matters. Though we were green to technology and the Internet, USA Today said if my firm “didn’t stop what we were doing, we would give lawyers a good name.”

In 1999, I closed my law firm and we moved, as a family of seven, to Seattle to start my first company. Prairielaw.com was a virtual law community of people helping people, a sort of AOL on the law, featuring message boards, articles, chats, listervs and ask-a-lawyer.

Prairielaw.com was sold to LexisNexis, where it was incorporated into Martindale-Hubbell’s lawyers.com.

After a stint as VP of Business Development at LexisNexis, I founded LexBlog out of my garage in 2004 (no affiliation with LexisNexis).

Knowing lawyers get their best work from relationships and a strong word of mouth reputation, and not promoting themselves, I saw blogging as a perfect way for lawyers to build relationships and a reputation.

When I could not find someone to help me with my own blog, I started a company to provide what I needed. Strategy, professional design, platform, coaching, SEO, marketing and free ongoing support.

As a result of the outstanding work of my team of twenty and my blogging, the LexBlog community has grown to a community of over 30,000 legal professionals, world-wide.

Publishing my blog, Real Lawyers, now in its 18th year, I share information, news, and commentary to help legal professionals looking to network online, whether it be via blogging or other social media.

Blogging also enables me to think through my ideas – out loud and in an engaging fashion.

In addition to my blog, I liberally share others’ insight on Twitter. Feel free to engage me there as well on LinkedIn and Facebook.

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