Eh. Given their recent behaviour, they seem to be indistinguishable from a for-profit company with trade secret technology.
That doesn’t seem aligned with their articles of incorporation at all. If “when applicable” is wide enough to drive a profit-maximising bus through, they’re not a not-for-profit. And in that case, why bother with the AOI?
The articles of incorporation aren’t a contract. I don’t know enough law to be able to guess how it’ll be interpreted in court, but intuitively Elon seems to have a point. If you want to take the AOI seriously, Sam Altman’s OpenAI doesn’t pass the pub test.
The for profit entity is allowed to act in the interest of profits.
What is important is that the non profit must use the dividends it receives from the for profit entity in furtherance of is stated non-profit mission.
Elon does not have a point. He's simply proving that he is once again the dumbest guy in the room by failing to do basic due diligence with respect to his multi million dollar donation.
That being said, Altman is also doing sketchy things with OpenAI. But that was part of the reason why they created the for-profit entity: so Altman could do sketchy things that he could not do within the nonprofit entity. Regulators might be able to crack down on some of the sketch, but he's going to be able to get away with a lot of it.
That doesn’t seem aligned with their articles of incorporation at all. If “when applicable” is wide enough to drive a profit-maximising bus through, they’re not a not-for-profit. And in that case, why bother with the AOI?
The articles of incorporation aren’t a contract. I don’t know enough law to be able to guess how it’ll be interpreted in court, but intuitively Elon seems to have a point. If you want to take the AOI seriously, Sam Altman’s OpenAI doesn’t pass the pub test.