Twelve former employees of OpenAI have requested permission from a federal judge to contribute to Elon Musk’s lawsuit against Sam Altman and the organization. The motion was filed by Harvard law professor Lawrence Lessig on behalf of these ex-employees, who submitted a detailed amicus brief accusing OpenAI of straying from its original nonprofit mission, which had initially drawn them to the company.
Elon Musk has initiated legal action against OpenAI, its CEO Sam Altman, and others, alleging that they have deviated from the nonprofit objectives that he helped establish when OpenAI was founded in 2015. Recently, OpenAI filed a countersuit against Elon Musk, claiming that he has engaged in continuous efforts to hinder its operations for personal gain, allegedly employing "bad-faith tactics" to seek control over AI technology.
The amicus brief, submitted in a federal court in California on Friday, contains strong language and accusations. In a declaration spanning three pages, former OpenAI researcher Todor Markov, now with Anthropic, described CEO Sam Altman as lacking integrity, asserting that Altman misled employees about his awareness and involvement in requiring departing employees to sign lifetime non-disparagement agreements. Markov further suggested that Altman might also be dishonest about other critical matters, including OpenAI’s dedication to its Charter, which pledges to ensure that artificial general intelligence (AGI) is employed for the benefit of all, avoiding any harm to humanity and the consolidation of power. The Charter emphasizes AGI safety research and discourages a reckless race toward AGI that might compromise safety standards.
Markov expressed his belief that the Charter served as a facade to attract idealistic talent while not effectively restricting OpenAI’s growth or pursuit of AGI. He alleged that the public announcement of a plan to transition to a fully for-profit structure contradicts the Charter’s core commitments, reinforcing his view that the Charter and mission were manipulative tactics used to influence employees and the public.
OpenAI, which was valued at $300 billion in a recent funding round, did not specifically address the allegations concerning Altman. The company stated, “Our Board has been very clear: our nonprofit isn’t going anywhere and our mission will remain the same. We’re turning our existing for-profit arm into a Public Benefit Corporation – the same structure as other AI labs like Anthropic – where some of these former employees now work – and xAI.”
Should U.S. District Judge Yvonne Gonzalez Rogers, who is overseeing the OpenAI/Musk case, accept the amicus brief as part of the court record, its arguments will be considered in the ongoing legal proceedings.
Markov disclosed to Fortune via direct message that he risks losing more than gaining by participating in the lawsuit against his former employer. He explained that a considerable portion of his life savings is tied up in OpenAI equity, and any negative impact on the value of that equity could significantly affect his personal finances.
In addition to Markov, the filing includes former employees, many of whom focused on AI safety and alignment research and policy. The signatories include Steven Adler, Rosemary Campbell, Neil Chowdhury, Jacob H. Hilton, Daniel Kokotajlo, Gretchen M. Krueger, Richard M.C. Ngo, Girish Sastry, William R. Saunders, Carrol L. Wainwright II, and Jeffrey K. Wu. This story originally appeared on Fortune.com.
