[HN Gopher] OpenAI investors keep pushing for Sam Altman's return
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       OpenAI investors keep pushing for Sam Altman's return
        
       Author : jobsub
       Score  : 120 points
       Date   : 2023-11-21 20:15 UTC (2 hours ago)
        
 (HTM) web link (www.wsj.com)
 (TXT) w3m dump (www.wsj.com)
        
       | jobsub wrote:
       | https://www.msn.com/en-us/money/companies/openai-investors-k...
        
       | foobarian wrote:
       | Assuming Altman has already signed paper with MSFT, how would
       | this work exactly? Break whatever contract clause there was
       | involved? Maybe it's customary to have an easy backout period in
       | situations like this.
        
         | tmostak wrote:
         | I assume if MSFT/Satya are supportive it won't be an issue.
        
         | blisterpeanuts wrote:
         | I wonder if Microsoft owning 49% of OpenAI vastly simplifies
         | such a situation. Or maybe further complexifies it. It's
         | fascinating to watch, anyway.
        
           | jacquesm wrote:
           | All they need is another 2% and at a measly two billion that
           | would be an easy settlement. The board members get to save
           | face and Satya is off to the races, employees happy,
           | investors happy.
           | 
           | It could easily happen.
        
             | croes wrote:
             | They can't simply by additional 2%
        
               | jacquesm wrote:
               | Why not? An emission could be done and whoever has the
               | right to buy could pick it up. End of story.
        
               | papercrane wrote:
               | My understanding is the OpenAI holding company, which is
               | controlled by the board of directors, owns 51% of the
               | capped-profit company, with Microsoft owning the other
               | 49%. There doesn't seem to be a scenario where Microsoft
               | can buy a controlling interest without the boards
               | approval.
        
               | jacquesm wrote:
               | Yes, hence the word 'settlement' in my original comment.
               | As in: you ensure we get a controlling interest and we'll
               | let you go quietly.
        
             | agloe_dreams wrote:
             | What is interesting is that Sam noted that OpenAI board
             | should go after his shares if he were to go off on the
             | company...which implies some sort of ownership that others
             | had no prior knowledge of.
             | 
             | What's the over-under of his shares being more than 2%?
        
               | papercrane wrote:
               | Based on OpenAI's structure, I would expect his equity
               | would be in the OpenAI holding company, and not OpenAI
               | Global, LLC which Microsoft is a minority owner of and
               | the holding company is a majority holder. The holding
               | company is what employees and investors have equity in.
               | 
               | If Altman had equity directly in OpenAI Global that would
               | be really odd and go against OpenAIs previous
               | disclosures.
               | 
               | https://openai.com/our-structure
        
               | ladon86 wrote:
               | That was a joke, the fact that he has no shares is the
               | punchline.
               | 
               | He is basically saying they have no leverage to stop him
               | speaking out once he's been fired (which they might if he
               | remained an equity holder).
        
             | zepton wrote:
             | Microsoft couldn't control the OpenAI business even if it
             | owned every unit of every LLC associated with OpenAI
             | (except for the special units owned by OpenAI GP LLC, which
             | is wholly owned+controlled by the non-profit). The
             | operating agreement of OpenAI LLC (which actually operates
             | the OpenAI business) specifies that OpenAI GP LLC (which is
             | wholly owned and controlled by the non-profit) controls it
             | regardless of how many units it owns. See
             | https://openai.com/our-structure
        
         | empath-nirvana wrote:
         | MSFT, presumably, is one of the investors that want him to stay
         | at openai.
        
           | dymk wrote:
           | They offered him a job leading his own unit within MSFT, so
           | that doesn't make sense
        
         | whimsicalism wrote:
         | I am not sure the enforceability of non-competes in California.
         | They're certainly not for ordinary workers but I know that it
         | is often enforceable in other places for executives even when
         | deemed not for workers.
        
           | croes wrote:
           | I think parent means breaking the contract with MS if he
           | returns to OpenAI.
        
             | whimsicalism wrote:
             | Right - which would be a non-compete.
        
         | ekosz wrote:
         | I think that's a large thing to assume. That announcement could
         | also have been easily just damage control before the markets
         | opened on Monday and nothing has yet to be truly hashed out and
         | agreed on.
        
         | layer8 wrote:
         | He hasn't. Why would he prematurely?
         | 
         | https://www.theverge.com/2023/11/20/23970100/sam-altman-micr...
        
       | ilaksh wrote:
       | The last time I checked they still hadn't given me access to
       | OpenAI on Azure. Do they still have a form you have to apply on?
        
         | ge96 wrote:
         | Did you use a business email?
        
           | ilaksh wrote:
           | No. Do I have to set that up in order to get access?
        
             | ge96 wrote:
             | The form says "Your company email address"
             | gmail/hotmail/outlook will be denied ha
             | 
             | edit: it is curious about this... you could get past that
             | with mailgun but then they ask for company address, company
             | phone number, etc... vs. OpenAI where you can sign up with
             | a gmail account. Anti abuse?
        
       | stillbourne wrote:
       | Seems like the prettiest girl at the dance.
        
       | pyb wrote:
       | "This also isn't the first time Altman has been asked to depart a
       | company...."
        
       | GreedClarifies wrote:
       | No kidding, their investment will go to zero as soon as he
       | officially joins Microsoft or starts his own firm.
       | 
       | All they will have left is lawsuits.
        
         | jacquesm wrote:
         | And difficult ones at that, but they have plenty of money so
         | I'm sure they'll be able to set a couple of lawyers up for
         | life.
        
         | mrits wrote:
         | I'd buy it
        
       | jacquesm wrote:
       | Does anybody know who is currently CEO of OpenAI? Friday, Sam.
       | Saturday, Mira. Sunday was a day off, Monday it was Emmet so who
       | is it for today?
       | 
       | Kidding aside, the board is under more and more pressure but -
       | surprisingly - they haven't folded yet. I am interpreting that as
       | that they are trying to get something out of it that nobody is
       | willing to give them. The new CEO is also surprisingly not to be
       | found at all, no public statements, nothing to reassure employees
       | that the ship is in good hands. Not the best showing for a
       | captain of a ship in crisis.
        
         | moontear wrote:
         | Satoshi Nakamoto probably
        
         | 15457345234 wrote:
         | > Does anybody know who is currently CEO of OpenAI?
         | 
         | Emmett Shear.
         | 
         | Altman won't be back.
         | 
         | Investors like success and returns but they don't like
         | companies where all the employees have basically sworn out an
         | oath of fealty to the CEO, as it means they (the investors)
         | have basically no control over anything.
        
           | voisin wrote:
           | > where all the employees have basically sworn out an oath of
           | fealty to the CEO, as it means they (the investors) have
           | basically no control over anything.
           | 
           | Another interpretation: those closest to the internal
           | workings of the business believe that a certain person is
           | best capable of managing the business. Turns out that person
           | is also who the investors believe in. So rather than fealty
           | to a person, they are simply voting (with their feet
           | apparently) against the board.
        
             | 15457345234 wrote:
             | > So rather than fealty to a person
             | 
             | Have you _seen_ the bizarre behaviour that's occurring on
             | twitter? Retweeing heart emojis, making weird declarations
             | of faith, acting in lockstep? They're 100% swearing fealty
             | and it's incredibly weird.
        
               | maxdoop wrote:
               | I think it's wierd the dismissive way many folks in this
               | thread speak about it all.
               | 
               | "Sam isn't important. Employees are weirdos. The board is
               | just fine. Everyone calm down."
               | 
               | That's more wierd than anything happening on Twitter.
        
               | 15457345234 wrote:
               | It's objectively weird to see staff - almost all of them
               | researchers and head-down types - unite so firmly behind
               | a non-technical CEO.
               | 
               | Those staff usually have their private champions within
               | the company - usually technically focussed project
               | managers who can run interference against the commercial
               | side - but nod along with the CEO who they view as the
               | ugly necessity of having to have a 'business guy.'
        
               | ebalit wrote:
               | This is not how I interpret the messages from the OpenAI
               | team members.
               | 
               | They are sending messages of unity, not fealty to Sam
               | Altman.
               | 
               | Working together brought them to the top of the world
               | both in term of research and product. This is a dream
               | come true.
               | 
               | What would surprise me is that they wouldn't do
               | everything they can to avoid breaking their team.
        
           | jacquesm wrote:
           | Shear won't last.
           | 
           | > Investors like success and returns but they don't like
           | companies where all the employees have basically sworn out an
           | oath of fealty to the CEO, as it means they (the investors)
           | have basically no control over anything.
           | 
           | Investors _love_ such companies. I, as an investor would love
           | such a company, as long as I was sure that the CEO would
           | stay. Investors tend to not have control over much of
           | anything anyway unless they have a board seat. Other than
           | that it 's a shareholder meeting once per year where you get
           | to sign off on the actions of the execs for the preceding
           | year. But the better interpretation is that the people there
           | have said "we are not loyal to the board" rather than that
           | they are more loyal to Altman, that only goes for those that
           | will follow him wherever he goes.
           | 
           | The best time for an investor to influence things is when you
           | come on board. The best way for an investor to continue to be
           | able to influence things is to have a controlling interest or
           | very good relations with enough of the stockholders to
           | effectively have a controlling interest.
        
             | 15457345234 wrote:
             | > I, as an investor would love such a company, as long as I
             | was sure that the CEO would stay.
             | 
             | As an investor you have no way of obtaining that surety.
             | So, you would not love this company.
             | 
             | > But the better interpretation is that the people there
             | have said "we are not loyal to the board" rather than that
             | they are more loyal to Altman
             | 
             | Dude they're retweeting heart emojis and carrying water in
             | _the most disturbing_ fashion on twitter. They're 100%
             | declaring that they're his personal army, ride or die. I
             | don't know how you aren't seeing this. It's completely
             | abnormal behaviour for adults.
        
               | righthand wrote:
               | That will last until Sam gives up and drops them all when
               | he moves on to whatever he's doing next. They may be
               | dogmatic about it but it's only because they think they
               | have cards to play.
        
               | 15457345234 wrote:
               | It's giving me real Jim Jones vibes, to be honest. It's
               | incredibly weird behaviour.
        
               | maxdoop wrote:
               | Dude, you're all over this thread and have such a strange
               | bias against Sam and the current employees. Can I ask,
               | out of genuine curiosity, why you find the board to be OK
               | in this situation and why you find Sam / the employees
               | behind him so off-putting?
        
               | righthand wrote:
               | Dude I'm all over this thread because people are
               | responding to me. It's called conversation. You want me
               | to run and hide because 20 people jumped on me with
               | opposing thoughts?
               | 
               | Oh yeah I think Sam is sleazier than most people seem to
               | think. I also don't think he's in the right because the
               | board has been quiet. The whole thing is insular and one
               | sided. Everything they're doing/saying is to try and
               | control the board. That is off-putting because it's
               | detrimental to the board's intent. I'm sure they're all
               | very nice people and hard workers.
        
               | maxdoop wrote:
               | No, I think you're mistaking my tone. I was genuinely
               | curious, because it's rare to see someone with a sure
               | view on this mad saga! And I wanted to learn a bit more
               | from the somewhat-less-popular side (I do think there is
               | an odd cultish energy around Sam at the moment from some
               | folks).
               | 
               | I don't know enough about Sam or the board at all, so
               | curious as to reasons why he might be sleazy/sneaky.
               | 
               | The board being quiet, in my opinion, is not doing them
               | any favors!
        
               | 15457345234 wrote:
               | > why you find Sam / the employees behind him so off-
               | putting?
               | 
               | To me it's the 100% committed 'vibe' they're giving off.
               | It's weird. It's not how staff, especially
               | technical/researchers (who usually bicker like anything
               | over the most trivial of differences) behave.
               | 
               | Anyone who's managed a big research team knows that
               | competing rivalries and internecine warfare is the order
               | of the day. Literal slapfights have broken out over
               | whether big or little endian encoding will be more
               | efficient for any given scenario, for example.
        
           | foota wrote:
           | The investors already have no control!
        
           | abi wrote:
           | What are you talking about? The OpenAI board isn't made up of
           | investors.
        
           | spaceman_2020 wrote:
           | Employees hate working for companies where they have no voice
           | too. Morale will drop and attrition will skyrocket. New
           | talent won't consider OpenAI, existing talent will leave.
           | 
           | The investment goes to zero anyway without talent.
        
             | 15457345234 wrote:
             | > New talent won't consider OpenAI
             | 
             | I think you can assume that there's a large pool of talent
             | that would love to work at OpenAI, they were just turned
             | off by the ... vibes ... coming from the e/acc locksteppy
             | types.
             | 
             | It may be very easy to re-hire talent that's actually a lot
             | smarter, if a bit less 'mission focussed.'
        
               | phpisthebest wrote:
               | >>they were just turned off by the ... vibes ...
               | 
               | So they just need to hire some Gen Z [1], not to actually
               | make AI technology but to make "good vibes"
               | 
               | [1] https://nypost.com/2023/11/18/lifestyle/gen-z-
               | workers-say-th...
               | 
               | >>I think you can assume that there's a large pool of
               | talent
               | 
               | Why would we assume that? Every company in the US
               | currently is complaining endlessly about the lack of
               | talent, in IT especially I see posts from hiring managers
               | being unable to find tech talent, and the fact that
               | several companies are making very aggressive plays at
               | getting OpenAI worker right now tells me there is not
               | infact a "large pool of talent" that will just back fill
               | all of these roles.
        
               | 15457345234 wrote:
               | > in IT especially I see posts from hiring managers being
               | unable to find tech talent
               | 
               | Hasn't the sector been aggressively laying off for the
               | past 6 months? I mean, there have been many many many
               | posts about it here.
        
               | phpisthebest wrote:
               | you have confused "tech company layoffs" with "tech
               | worker layoffs"
               | 
               | Alot of Tech companies have been laying off alot of
               | support staff in HR, Recruitment, Sales, and other
               | business functions
               | 
               | and yes some Technical roles as well, but dont think
               | because you see "Google Lays of X,000 employees" means
               | they just laid off that many AI Researchers, programmers,
               | etc...
        
             | otteromkram wrote:
             | Plenty of talent flooding the market right now.
             | 
             | Say, what agenda are you trying to push, spaceman? This is
             | the second comment of yours in this thread trying to make
             | it seem like everyone at OpenAI is irreplaceable, so maybe
             | you missed the hundreds of thousands of tech layoffs this
             | year in the US.
        
             | omeze wrote:
             | New talent will consider any place that pays 300k base :)
        
           | sigmar wrote:
           | > all the employees have basically sworn out an oath of
           | fealty to the CEO
           | 
           | Objectively not true. Employees were quiet on Friday. It was
           | after Ilya told employees that Altman was fired partly
           | because he tasked two people with the same job, that they
           | then organized.
        
             | 15457345234 wrote:
             | Wow, they were played like a fiddle. How old do you have to
             | be to believe that story, 9?
        
           | WrongAssumption wrote:
           | Emmett is already threatening to resign.
           | 
           | https://www.proactiveinvestors.com/companies/news/1033862/op.
           | ..
        
             | 15457345234 wrote:
             | This entire thread is full of reddit-tier 'sources'
        
         | righthand wrote:
         | I don't think the board is under any pressure. If they don't do
         | anything else they just need the employees to fold on their
         | threat to resign. Even if the employees resign, ChatGPT is
         | still running and there are lots of people willing to take the
         | defecting employees spots.
         | 
         | The only thing they are pressured on is to fill in the story
         | for the media point of view which is irrelevant to the actual
         | functioning of OpenAI.
        
           | jacquesm wrote:
           | > I don't think the board is under any pressure.
           | 
           | Ok, you have a higher threshold for the use of the word
           | pressure than I do.
           | 
           | > If they don't do anything else they just need the employees
           | to fold on their threat to resign. Even if the employees
           | resign, ChatGPT is still running and there are lots of people
           | willing to take the defecting employees spots.
           | 
           | I wouldn't be so sure of that.
           | 
           | > The only thing they are pressured on is to fill in the
           | story for the media point of view which is irrelevant to the
           | actual functioning of OpenAI.
           | 
           | Their investors, employees and donors might disagree with
           | that.
           | 
           | Want to bet that Emmet Shear won't last the week?
        
             | 15457345234 wrote:
             | > I wouldn't be so sure of that.
             | 
             | Given that a bunch of the staff are acting like they're
             | Heavens Gate members you also expect them to sabotage it?
             | Or literally have a flavor-aid session in the office?
             | 
             | > Their investors, employees and donors might disagree with
             | that.
             | 
             | Nobody wants to invest in a personality cult that's sworn
             | an oath of fealty to one guy, dude. That's basically
             | flushing money down the toilet, as this fiasco
             | demonstrates. These lunatics are ready to sacrifice their
             | children on twitter. You cannot work with people like that!
        
               | ben_w wrote:
               | > Nobody wants to invest in a personality cult that's
               | sworn an oath of fealty to one guy, dude. That's
               | basically flushing money down the toilet, as this fiasco
               | demonstrates.
               | 
               | Are you aware that Microsoft and Salesforce CEOs have
               | both offered to hire any OpenAI employees who want to
               | switch boat, while Nvidia CEO and Meta's FAIR team have
               | both made similar but slightly lesser "call me" offers to
               | all of them?
               | 
               | https://cointelegraph.com/news/microsoft-salesforce-
               | nvidia-a...
               | 
               | > These lunatics are ready to sacrifice their children on
               | twitter. You cannot work with people like that!
               | 
               | ???
        
               | 15457345234 wrote:
               | > made similar but slightly lesser "call me" offers to
               | all of them
               | 
               | Sure, it's in their interest to break up a unified bloc
               | of talent. Doesn't mean they genuinely want them.
               | 
               | > ???
               | 
               | The behaviour demonstrated by many of the staff on
               | twitter is, for want of a better word, unhinged. Odd
               | declarations of loyalty. 4am posts. Retweeting hearts.
               | Acting very 'ride or die.' It's weird.
        
               | ben_w wrote:
               | > Sure, it's in their interest to break up a unified bloc
               | of talent. Doesn't mean they genuinely want them.
               | 
               | Doesn't fit. In the scenario where they're all thinking
               | that, nobody has to follow up with the same offer after
               | the first person says it.
               | 
               | > The behaviour demonstrated by many of the staff on
               | twitter is, for want of a better word, unhinged. Odd
               | declarations of loyalty. 4am posts. Retweeting hearts.
               | Acting very 'ride or die.' It's weird.
               | 
               | How is _any_ of that  "sacrifice their children on
               | twitter"?
               | 
               | I mean, jeez, this is major drama even for the rest of
               | the tech community -- this whole thing is even front-page
               | on the BBC news site as I write -- _of course_ the people
               | who work there are going to say things on Twitter.
        
               | 15457345234 wrote:
               | > nobody has to follow up with the same offer
               | 
               | Yes, different companies have to follow up with the same
               | offer in order to break up the talent bloc. Otherwise the
               | bloc will move en-masse to one firm.
               | 
               | > How is any of that "sacrifice their children on
               | twitter"?
               | 
               | It's called hyperbole
        
               | ben_w wrote:
               | > Yes, different companies have to follow up with the
               | same offer in order to break up the talent bloc.
               | Otherwise the bloc will move en-masse to one firm.
               | 
               | Or just... not hire all of them. Much easier.
               | 
               | And in the scenario where Microsoft, Salesforce, NVIDIA,
               | and Meta actually think the OpenAI staff are mad (rather
               | than the more plausible scenario where they think the
               | OpenAI board is mad and are looking for a big pile of
               | skilled proven talent that already know each other and
               | can work well together on big projects), the only sane
               | response would have been "not only don't hire them, don't
               | offer them jobs, what are you even thinking this is the
               | real world we don't do things like the script of a Marvel
               | film".
               | 
               | > It's called hyperbole
               | 
               | It makes you look like the mad one.
        
               | 15457345234 wrote:
               | > Or just... not hire all of them. Much easier.
               | 
               | Then a competitor might hire all of them. If you're in
               | the AI business you don't want that. You want to grab
               | either all of them or balkanize them. Come on, this isn't
               | a hard concept to grasp.
               | 
               | > And in the scenario where they actually think they're
               | mad ... the script of a Marvel film
               | 
               | Then you hire them on a 5 year exclusive contract so they
               | can't rejoin Hydra.
               | 
               | > It makes you look like the mad one
               | 
               | It's normal human writing style, hyperbole, sarcasm,
               | exaggeration, wit, irony, you know. Adult writing, for
               | adults to consume.
        
               | ben_w wrote:
               | You're saying
               | 
               | > Sure, it's in their interest to break up a unified bloc
               | of talent
               | 
               | And
               | 
               | > If you're in the AI business you don't want that. You
               | want to grab either all of them or balkanize them.
               | 
               | And
               | 
               | > Nobody wants to invest in a personality cult that's
               | sworn an oath of fealty to one guy, dude. That's
               | basically flushing money down the toilet, as this fiasco
               | demonstrates. These lunatics are ready to sacrifice their
               | children on twitter. You cannot work with people like
               | that!
               | 
               | These are mutually incompatible positions.
        
               | 15457345234 wrote:
               | Oh, I see what you mean. When I said 'grab all of them' I
               | meant the researchers. On the assumption that you can
               | deprogram them, lol.
        
               | jacquesm wrote:
               | Your position is not internally consistent, you should
               | really think over what each of those implies and then
               | drop or adjust one or more of these.
        
               | 15457345234 wrote:
               | > Your position is not internally consistent
               | 
               | I'm throwing out suggestions as to why various differing
               | parties here may be doing what they're doing. There's no
               | need for internal consistency because it's not a unified
               | top-down scenario, it's multipolar game theorizing.
               | 
               | 'If A does B, then why would C do D, that isn't
               | consistent' well the answer is that A and C are
               | competing, not cooperating.
        
               | 15457345234 wrote:
               | Also cointelegraph (lol) is not a reliable source of ...
               | anything. Apart from hype, maybe.
        
               | ben_w wrote:
               | I might agree except they cited their sources and I
               | checked them. I may be wrong, but those look like legit X
               | accounts to me.
        
             | DonHopkins wrote:
             | >> If they don't do anything else they just need the
             | employees to fold on their threat to resign. Even if the
             | employees resign, ChatGPT is still running and there are
             | lots of people willing to take the defecting employees
             | spots.
             | 
             | >I wouldn't be so sure of that.
             | 
             | What about all those people who just pivoted from web3 to
             | ai?
        
             | babberman wrote:
             | I am not going to bet against that. There are only two
             | possible outcomes and neither has Emmet as a CEO.
             | 
             | 1, Sam comes back and thus obviously Emmet leaves.
             | 
             | 2, Sam does not come back and OAI just dissolves into being
             | a series of drawn out investor lawsuits, something Emmet
             | probably don't want to get involved in.
        
           | flappyeagle wrote:
           | These words are gonna get ate one way or another. There is no
           | outcome where the current board wins.
           | 
           | Emmet is already threatening the board with resignation
           | unless they provide evidence of wrongdoing [1]. Which they
           | don't have, because they would have revealed it already.
           | 
           | They are empty shirts.
           | 
           | [1]
           | https://x.com/emilychangtv/status/1727020834005700914?s=20
        
             | righthand wrote:
             | Why? The board announced the removal of a CEO which they
             | have the power to do. It upset a bunch of employees who
             | liked the CEO. The board is in search of a new CEO.
             | 
             | OpenAI's valuation isn't because Sam Altman is worth $90B
             | it's the tech. The tech is fine. Investors have no reason
             | to worry about their investment in the tech.
             | 
             | The people under pressure are Sam Altman trying to reclaim
             | his job he was fired from and Satya Nadella who is running
             | a campaign to eat OpenAI. None of that is related to the
             | functioning tech of OpenAI, all of it is related to the
             | drama of what happened. Drama is not equal to money.
             | 
             | I was sad when my favorite pet died too, but then
             | eventually you get a new pet that's just as good as a
             | Worldcoin guy, maybe better.
        
               | gjsman-1000 wrote:
               | According to Stratechery, Microsoft does not just have
               | the rights to use the source code and model weights for
               | GPT-3.5 and GPT-4, but a clause saying that Microsoft
               | could not use the models as foundations for their own
               | projects was recently removed.
               | 
               | > Investors have no reason to worry about their
               | investment in the tech.
               | 
               | If Stratechery is correct, this means that if Microsoft
               | successfully poaches Sam Altman and friends, and vacuums
               | OpenAI clean of talent, they will even be able to use the
               | actual GPT-4 to build a Microsoft GPT-5. That should make
               | investors sweat. If you lose the people _and_ (possibly)
               | the technology, what 's left?
        
               | himaraya wrote:
               | Source? Ben didn't read his cited source in his article
               | yesterday.
        
               | gjsman-1000 wrote:
               | Currently, the claim is unproven. However, if I were an
               | investor, I'd be pounding on the doors demanding for
               | clarification.
        
               | himaraya wrote:
               | I meant, can you link the claim that the clause in
               | question got removed?
        
               | gjsman-1000 wrote:
               | https://stratechery.com/2023/openais-misalignment-and-
               | micros...
               | 
               | "Microsoft's original agreement with OpenAI also barred
               | Microsoft from pursuing AGI based on OpenAI tech on its
               | own; my understanding is that this clause was removed in
               | the most recent agreement."
               | 
               | (It's hidden under a citation bubble you need to click
               | after the third paragraph.)
        
               | himaraya wrote:
               | I see. Pursuing AGI sounds distinct from commercializing
               | future versions of ChatGPT based on OpenAI IP. I imagine
               | the exact legal wording in the contract makes all the
               | difference.
               | 
               | The WSJ article from June he cited indicates the license
               | still comes with restrictions.
               | 
               | https://www.wsj.com/articles/microsoft-and-openai-forge-
               | awkw...
        
               | jacquesm wrote:
               | I'd have my lawyers do the pounding.
        
               | righthand wrote:
               | Yeah okay Microsoft poaches them but they still have to
               | restart building everything from scratch which wouldn't
               | benefit Microsoft. Microsoft doesn't want to poach
               | talent, they can always do that with or without this
               | incident. Microsoft wants the whole bundle. Hence the
               | media campaign Satya is doing.
        
               | jacquesm wrote:
               | No, the point is they would _not_ have to start building
               | everything from scratch.
        
               | righthand wrote:
               | That only happens if Microsoft acquires all of OpenAI,
               | not if they just poach the employees. Poaching means
               | starting again even if they have the road map in their
               | head.
        
               | ebalit wrote:
               | They already have access to GPT4 per their agreement with
               | OpenAI.
        
               | exitb wrote:
               | Companies aren't valued for their current state, but
               | future prospects.
        
               | righthand wrote:
               | Is Sam Altman a future prospect of LLMs? It's not like he
               | holds the secret to GPT v5 or anything.
        
               | ben_w wrote:
               | I'd be surprised if Sam was by himself, but I wouldn't be
               | at all surprised if some of the people who signed that
               | letter do hold the secret to the next big thing (GPT-5
               | probably isn't the next big thing; if it exists already
               | it's likely just a nice iterative improvement and not a
               | fundamental change).
        
               | squeaky-clean wrote:
               | Seeing the amount of employees that are willing to follow
               | him, yes I'd say he is.
               | 
               | If you have a mass exodus of employees, sure you can hire
               | people to maintain ChatGPT 4, but they won't complete a
               | GPT 5 or 6. That valuation is definitely based on the
               | assumption that they will continue advancing AI and that
               | they will consistently stay ahead of competitors for some
               | time. They just axed both of those assumptions.
               | 
               | ChatGPT 4 as the endgame is not worth 90 billion dollars.
        
               | 3cats-in-a-coat wrote:
               | "It upset a bunch of employees. The tech is fine". Uhmm,
               | it upset 98% (not figuratively, but mathematically) of
               | all 700 employees who signed a petition to quit unless
               | he's reinstated and for the board to resign. As for the
               | tech... who... exactly do you think created, maintains
               | and is developing future enhancement for the tech? Is it
               | doing it by itself? Sorry, we're not there _yet_.
        
               | righthand wrote:
               | > Uhmm, it upset 98% (not figuratively, but
               | mathematically) of all 700 employees who signed a
               | petition to quit unless he's reinstated and for the board
               | to resign.
               | 
               | And they have yet to leave as far as I know. Seems like
               | no one is in an actual hurry to quit.
        
               | 3cats-in-a-coat wrote:
               | Sam Altman is currently talking to the board. You want
               | them to spin up drama by quitting in the middle of the
               | talks? You're trying too hard to copy paste your desired
               | narrative on this and it fits so, so, so poorly.
        
               | righthand wrote:
               | If Sam comes back it'll be under heavy changes. The board
               | isn't going to leave. You don't get ousted and then get
               | to call the shots, no matter how many employees you think
               | you have on your side. Furthermore the fact that Sam is
               | in talks is further proof that he won't be coming back on
               | his terms. As the board why would you fold to the
               | employees just because they like a guy?
               | 
               | I'm not copy pasting anything, cute diss though.
        
               | 3cats-in-a-coat wrote:
               | Sorry to be blunt, but literally everything you said so
               | far was nonsense, so I'll understand your opinion as a
               | sign that Sam Altman will come back and the board will
               | resign.
        
               | righthand wrote:
               | Ah I see more disses, very cute. Get a Team Sam t-shirt
               | made for yourself.
        
               | spamizbad wrote:
               | I think one lesson we learned from Twitter is that you
               | can cull a large amount of a tech workforce and the
               | product will keep humming along, albeit at a reduced rate
               | of change.
               | 
               | Also, unlike Twitter, OpenAI pays engineers very
               | competitive salaries and can aggressively re-hire roles.
        
               | 3cats-in-a-coat wrote:
               | You learned the wrong lesson. Twitter is dying and
               | operating at a significantly degraded level, including
               | moderation, content filtering, ad positioning, which
               | caused a third or fourth mass advertiser exodus just few
               | days ago.
               | 
               | Also. Leading the world in revolutionary AI is not
               | exactly like maintaining a pre-existing message app.
               | 
               | Twitter:
               | 
               | - Had 7500 employees before Musk fired most of them.
               | 
               | - Now 1300, of which 550 are full-time devs.
               | 
               | - That's a company valuated at less than $16 billion
               | currently, and losing about $2 billion a year.
               | 
               | OpenAI:
               | 
               | - Has 700 employees, including world-leading scientists
               | and researchers that are practically irreplaceable.
               | 
               | - If they resign, it'll have 14 employees.
               | 
               | - For a company that before Sam Altman was fired was
               | valuated at $90 billion.
        
               | phpisthebest wrote:
               | I dont think there is a large overlap here.
               | 
               | Twitter seemed to be adult daycare with a HUGE amount of
               | positions that openly did nothing all day, many many
               | positing publicly about how they only actually worked a
               | few hours a week. Along with a Huge business support
               | staff that seemed to really be pointless
               | 
               | I do not see that analog at OpenAI which has mainly
               | engineering positions.
               | 
               | Also the idea that you just just "aggressively re-hire
               | role" engineering positions in a emergent field like AI
               | seems to be bit naive to me. How many experience people
               | outside OpenAI are their int he first place??
               | 
               | It seems to me to be very ironic that in other situations
               | is seems to be common for people to hate on corporations
               | that treat their employees like interchangeable widgets
               | that can just be replaced on a dime with a new human, yet
               | here we see people claim that exact thing. Very odd
        
               | jacquesm wrote:
               | There is no comparison between the cadre at Twitter and
               | and the talent pool at OpenAI, I don't think you can
               | replace the bulk of them at all, and nobody worth that
               | kind of compensation is going to touch OpenAI with a 100
               | foot pole as long as the current board is there.
        
               | zarzavat wrote:
               | 98% is meaningless. If Altman _is_ reinstated then he
               | will have the power to fire anyone who didn't sign. You'd
               | be an idiot not to sign it.
        
               | thinkindie wrote:
               | Technology is not made out of thin air but it is made -
               | and maintained - by people; and when 500 out of 700
               | people threaten to quit on the spot and leave for
               | competitors, or for Microsoft, investors might not be
               | happy at all.
        
               | spaceman_2020 wrote:
               | It's not 500/700. It's like 728/770 last I checked.
               | Almost everyone.
        
               | flappyeagle wrote:
               | > The board announced the removal of a CEO which they
               | have the power to do.
               | 
               | They have the power to remove him momentarily, do they
               | have the power to keep him out? we're still finding out.
               | 
               | > OpenAI's valuation isn't because Sam Altman is worth
               | $90B it's the tech.
               | 
               | OpenAI's valuation is nominally because of the tech. It's
               | fundamentally because of the people. 90% of the staff is
               | threatening to follow Sam to $MS so that's the whole ball
               | game. They went to OpenAI to make themselves rich. The
               | board fired the guy that was trying to do that for them.
               | 
               | > I was sad when my favorite pet died too, but then
               | eventually you get a new pet that's just as good as a
               | Worldcoin guy, maybe better.
               | 
               | Doesn't matter if you or I am sad. It only matters if the
               | talent at OpenAI is sad. The board made them sad. Sam and
               | Sataya make them happy.
        
               | righthand wrote:
               | If it's fundamentally about the people, can you name some
               | of these 90% that OpenAI couldn't live without? Other
               | than Ilya? From where I'm sitting the 90% are replaceable
               | in a flooded market of available software engineers.
               | 
               | If Satya and Sam make them happy then go work for
               | Microsoft. The board is calling their bluff right now.
        
               | flappyeagle wrote:
               | Do you think they hired those people because they're
               | useless?
               | 
               | > The board is calling their bluff right now
               | 
               | The board is not doing much of anything. They picked a
               | CEO then she went to team sam. Then they picked another
               | CEO and now he's threatening them with resignation. Not
               | to mention the 3 other people they tried to bring into
               | the role who refused.
        
               | righthand wrote:
               | No I think they hired them because they can do the job
               | the agreed to pay them. I don't think these people are
               | irreplaceable, that would be silly. That's what Sam
               | Altman wants you to think.
        
               | jacquesm wrote:
               | > I don't think these people are irreplaceable, that
               | would be silly.
               | 
               | Maybe go and spend some time to bone up on who exactly
               | works for OpenAI, what their track record is (education,
               | publications and so on) and then tell me where you are
               | going to find another 700 people that talented who will
               | want to work for a company this damaged.
        
               | righthand wrote:
               | That's only if 700 people are all doing the same job. The
               | entire company is key engineering talent? That seems
               | unlikely.
        
               | josephg wrote:
               | > From where I'm sitting the 90% are replaceable in a
               | flooded market of available software engineers.
               | 
               | The market is flooded with junior engineers who have
               | recently graduated from coding boot camps, and who might
               | be good at building the specific types of software they
               | have been shown. However, there is, as I understand it,
               | still a dearth of senior engineers who can do the sort of
               | work that OpenAI engineers are doing: building a novel
               | product, with novel, cutting edge algorithms, at massive
               | scale.
               | 
               | If lots of people could easily replicate OpenAI's
               | product, it seems strange that has nobody released a
               | competitor to gpt4. Why is Microsoft - a company with one
               | of the largest pools of software engineers in the world -
               | clambering to hire all the engineers at OpenAI?
               | 
               | It's because those people aren't replaceable. There is
               | probably a global pool of maybe ten thousand people who
               | can do the work that OpenAI is doing. And OpenAI has
               | assembled a high performance team of ~800 of them. Those
               | people are currently worth their weight in gold.
        
               | righthand wrote:
               | It is not flooded with junior engineers, it's engineers
               | of all skill levels. I happen to know as someone who is
               | senior looking for work right now. Most of the open
               | positions are for senior and staff level positions.
               | 
               | Microsoft isn't clambering to hire them, they're
               | clambering for the IP. The OpenAI employees will get
               | significantly less if they go over to Microsoft.
        
               | gruturo wrote:
               | I can't name them, no, but they're the people who built
               | the thing that is being valued 90B. If they migrate
               | (leadership included), so does the potential for future
               | value. My feeling is that the 90B are moving. Sure, IP,
               | existing contracts, licensing, you name it, will have
               | residual value - but if I consider its board a clown car
               | I will refrain from building on top of its API because
               | they might not be around by lunchtime tomorrow. Enough
               | people think like this, it starts spiraling down the
               | drain.
        
               | righthand wrote:
               | Do you know the board is a clown car or is that what the
               | media surrounding "the chaos" has told you. The board has
               | been quiet is all. Does that automatically mean they're
               | in the back flushing documents down the toilet and
               | juggling balls? Or is there a better reason they feel no
               | reason to publicly respond to a bunch of media flurry?
        
               | kitsune_ wrote:
               | About the 90%, this is very much a game of musical chairs
               | and game theory in general. If your perception is that
               | there is a high likelihood that Altman might return it's
               | prudent to sign the letter. That's why I think the past
               | few days were about shaping a narrative on Twitter and in
               | the media in general.
        
               | ben_w wrote:
               | > OpenAI's valuation isn't because Sam Altman is worth
               | $90B it's the tech. The tech is fine. Investors have no
               | reason to worry about their investment in the tech.
               | 
               | The following story is only about an hour old, but the
               | investors are reportedly considering legal action against
               | the board:
               | 
               | https://www.reuters.com/technology/openai-investors-
               | consider...
        
               | code_runner wrote:
               | They claimed to remove the CEO with cause. They have not
               | provided cause. Even the twitch dude is asking for the
               | cause.
               | 
               | The board just firing off half-cocked and then going
               | silent is probably a larger source the issues for
               | employees than altman the person/leader. There is
               | effectively nobody in the driver seat and the board can't
               | be trusted to do anything in the best interests of the
               | company.
        
               | Clubber wrote:
               | They did provide cause, you just don't accept what they
               | said as valid or detailed enough.
        
               | smegger001 wrote:
               | No they made an extremely vague aligation with no
               | concrete examples or evidence provided.
        
               | golergka wrote:
               | > The tech is fine.
               | 
               | Have you ever maintained the software where the original
               | team left? I have. And though it was much less complex
               | and cutting edge than what OpenAI is doing, it was a
               | massive pain with loss of knowledge and time.
        
               | righthand wrote:
               | Yes I have. I've even added features to legacy software
               | and have made that a part of my mentoring to engineers to
               | not reinvent the wheel and be good at reading and
               | understanding code. I don't think it's a loss because the
               | company has chosen to invest in that software. I include
               | that time as onboarding for a project.
        
               | ebalit wrote:
               | OpenAI IP is not code that you can read. It's the know-
               | how of their team.
               | 
               | The board tried to get a merger with Anthropic, probably
               | the second best team in the world for this type of work.
               | 
               | They don't seem to think they can "just re-hire".
        
               | cellar_door wrote:
               | > Investors have no reason to worry about their
               | investment in the tech
               | 
               | What? They have a MASSIVE reason to worry: 3/4 board
               | members are clearly not aligned with the profit motive.
               | And D'angelo has a massive conflict of interest with
               | monetizing their models.
        
               | righthand wrote:
               | How are they not aligned? They didn't oust Sam because of
               | profit they ousted him for dishonesty.
        
               | cellar_door wrote:
               | are you serious? they're board members of the non-
               | profit... they don't have any shares in the for-profit
               | subsidiary and thus no financial incentive for
               | commercializing the IP
               | 
               | meanwhile, all the employees are paid via a profit
               | sharing scheme. 98% of them are backing Altman because
               | they don't want to see their compensation nuked.
        
               | righthand wrote:
               | How does ousting Altman nuke compensation? If they keep
               | working there and bring in a new CEO equivalent to Altman
               | with less dishonesty then everyone still wins, except
               | Altman.
        
               | jacquesm wrote:
               | It's not about what the board can or can not do. It's
               | about whether they can make it stick. I'm thinking they
               | can't but plenty of clever people here on HN think they
               | can. Time will tell.
        
               | bostonsre wrote:
               | Is it the tech that is worth that much or the tech and
               | the people that built the tech when future iterations of
               | the product rely so heavily on the people? Losing 95
               | percent of the employees will definitely impact
               | delivering future products and that will definitely
               | impact future profits and that has to impact valuation.
        
               | usefulcat wrote:
               | > OpenAI's valuation isn't because Sam Altman is worth
               | $90B it's the tech.
               | 
               | It's the current AND future tech. If most of the people
               | who made that tech jump ship, that does not bode well for
               | the future development of the technology. Maybe if the
               | tech were something more ordinary, sure, but I think we
               | both agree that it's not. For an investor, the future
               | prospects of the company are generally a lot more
               | important than its present state.
        
               | onetimeuse92304 wrote:
               | > OpenAI's valuation isn't because Sam Altman is worth
               | $90B it's the tech.
               | 
               | The IP might be worth something (no idea what kind of
               | patents they hold), but the valuation is fundamentally
               | based on the current products they have and promise of
               | _future_ tech the company can create. And the future
               | value stream far outweighs the current product.
               | 
               | And none of the future product is going to happen without
               | people.
               | 
               | Of course, OpenAI without Sam will hire new people. But
               | if they have already hired the best and they already had
               | worthwhile experience, hiring new people has almost zero
               | chance to recreate their ability to create new products
               | at least in short/medium term.
               | 
               | Finding the right people and hiring them is far more
               | difficult than it is assumed. Dropping money on the
               | problem does not solve more than half of it.
        
             | 4death4 wrote:
             | In a normal corporation, they would be empty shirts,
             | because ultimately they serve at bequest of the share
             | holders. But this is a non-profit so they actually have a
             | lot of power and don't need to answer to anyone.
        
               | hyperliner wrote:
               | But don't they have to answer to the people who funded
               | the nonprofit?
               | 
               | I am ignorant, but you seem to be knowledgeable about
               | this topic.
        
               | mminer237 wrote:
               | They need to comply with any profit-sharing or loan
               | repayments, but funders can't have any control. The only
               | person who would have input into whether or not the board
               | is properly fulfilling its non-profit mission would be
               | the Delaware attorney general.
        
               | dumpsterdiver wrote:
               | As we are all witnessing, they have to answer to their
               | employees.
        
             | narrator wrote:
             | So no evidence of wrongdoing then:
             | 
             | -----> WHY DID THEY DO IT? <------
             | 
             | SERIOUSLY! They all just decided to wake up that day and
             | say let's go fire Sam and blow up the company because "lack
             | of candor" that they can't even give details on?? These are
             | serious people doing serious stuff. These are not idiots.
             | What the heck is going on? Can anyone explain?
        
               | righthand wrote:
               | Yeah there has been plenty of explanation. Sam Altman has
               | competing interests and was looking to leverage OpenAI's
               | tech in those interests.
        
               | rokizero wrote:
               | Source??
        
               | elmepo wrote:
               | Considering Ilya regrets his decision, implying this
               | wasn't an e/acc vs safety debate, the two most likely
               | scenarios to me appear to be:
               | 
               | A) DeAngelo getting revenge for custom GPTs killing his
               | company Poe's core product.
               | 
               | B) The board discovering Sam working to use OpenAI
               | resources/IP to further his own personal
               | business/political goals.
        
               | dragonwriter wrote:
               | > Considering Ilya regrets his decision, implying this
               | wasn't an e/acc vs safety debate
               | 
               | Does it?
               | 
               | If it was exactly that but he misjudged the external
               | response and resulting consequences, that would also be a
               | reason for regret.
        
               | jacquesm wrote:
               | That's very well possible but there is as of now no
               | evidence to substantiate that. But that is what it
               | ultimately could have boiled down to and if there is even
               | a remote chance that it can be spun that way you can be
               | sure that chance will be exploited - even if it wasn't
               | originally the case!
        
               | ben_w wrote:
               | My guess, and it is just a guess, is that there's some
               | deep and fundamental position that the board members hold
               | to, which Sam cannot describe well enough to pass the
               | Ideological Turing Test[0], and this failure was
               | perceived as being deliberately dishonest.
               | 
               | Happens a lot. I know some on the very extreme outskirts
               | of the left wing who look at the "splitters!" scene in
               | Life of Brian and see themselves; I've seen it in
               | arguments over programming language features; there's
               | plenty of religious disputes that look like this from the
               | outside; most of the Brexit arguments painted everyone
               | who didn't agree with the speaker as being part of Team
               | Other and merely an attempt to undermine Team Us; and so
               | on.
               | 
               | People can get very seriously angry about things that
               | seem totally pointless from the outside.
               | 
               | [0] https://www.lesswrong.com/tag/ideological-turing-
               | tests
        
               | jacquesm wrote:
               | > These are not idiots.
               | 
               | They shouldn't be. But short of temporary insanity I'm
               | running out of ideas on what it could be.
        
             | jacquesm wrote:
             | Well, at least he's still there. Wonder if they have a
             | successor lined up already and whether or not that
             | successor has already offered to resign.
             | 
             | It is all reminiscent of the Monty Python Judean people's
             | front scene.
             | 
             | https://www.youtube.com/watch?v=NUHk2RSMCS8
             | 
             | Though, arguably they showed more discipline.
        
             | peteradio wrote:
             | > Emmet is already threatening the board with resignation
             | 
             | so says anonymous sources close to OpenAI who look
             | suspiciously like MSFT wearing a fake mustache
        
           | spaceman_2020 wrote:
           | Good luck keeping those employees around even if they all
           | decide to fold.
           | 
           | These folks are being flooded with offers. Why would they
           | work for an organization that doesn't care what 95% of them
           | want?
        
             | otteromkram wrote:
             | Why keep them around when there are hordes of qualified,
             | recently laid-off workers ready to take their spot?
             | 
             | And, not every person from OpenAI is getting flooded with
             | offers. Maybe a few key scientists/developers.
             | 
             | If anything, putting OpenAI on their resume might get
             | workers preferential treatment for an initial interview.
             | Maybe.
        
             | righthand wrote:
             | Why would I jump ship for some lesser tech when OpenAI has
             | everything I love working on?
        
           | somedude895 wrote:
           | > there are lots of people willing to take the defecting
           | employees spots.
           | 
           | Even 20% of employees leaving a company simultaneously is
           | catastrophic. I think you're underestimating the effects
           | here.
        
             | jacquesm wrote:
             | They might be willing to take the spots, but given that
             | OpenAI has been vacuuming up all of the real talent they
             | could find those surely aren't going to be in the same
             | class as the team that they already have.
        
             | righthand wrote:
             | No I'm not, the effects are most likely short term snafu.
        
           | yokoprime wrote:
           | Even if only 1/4 of the people threating to resign, resigns,
           | its still like 20% of the company leaving abruptly without
           | any sort of handover. They might keep the light on for
           | chatgpt and the API's, but its going to blunt growth and re-
           | hiring isn't done in a heartbeat. You need to vet, test and
           | onboard new employees. You're looking at a setback of at
           | least 9-12 months of growth and research
        
           | bostonsre wrote:
           | It's one of the most innovative and impactful companies in a
           | long time. I'm sure they'll be able to run gpt4, but good
           | luck delivering gpt 5 (or 6 depending on how far along 5 is)
           | when you lost entire teams that dreamt up and built previous
           | iterations.
        
         | jessenaser wrote:
         | Current CEO is effectively the co-CEO of three board members at
         | any given time.
         | 
         | Given that:
         | 
         | 1. Cycled three CEOs in less than a week.
         | 
         | 2. The current interim CEO is in talks to resign (because the
         | board still has not given a clear reason to why Sam was fired).
        
         | adamnemecek wrote:
         | Elizabeth Holmes.
        
         | readyplayernull wrote:
         | ChatGPT
        
         | dools wrote:
         | Jack's Empty Chair
        
         | karmasimida wrote:
         | It is safe to say OpenAI has become ungovernable since last
         | Friday, unless that person is Sam/Greg
        
         | DonHopkins wrote:
         | Credit where credit is due for righting the ship!
         | 
         | https://donhopkins.com/home/CostaConcordiaFTFY.jpg
        
           | jacquesm wrote:
           | Hehe. That's funny.
        
             | DonHopkins wrote:
             | Damn, I was hoping you'd be horrified as a Dutchman.
        
         | quonn wrote:
         | If the board resigns that may be good for the company, but it
         | may not be good for those on the board. If, on the other hand,
         | the board prevails OpenAI may still turn out to be fine
         | regardless.
         | 
         | What do the board members have to loose by holding their
         | ground?
        
         | QuantumGood wrote:
         | There was an internal announcement that Sam had said he would
         | not be deciding overnight Monday.
        
         | type0 wrote:
         | Does anybody know who is currently CEO of OpenAI?
         | 
         | They should assign ChatGPT to be CEO
        
       | himaraya wrote:
       | > What Bloomberg Intelligence Says
       | 
       | "A potential return of Sam Altman as OpenAI's CEO will likely
       | strengthen Microsoft's strategic positioning, especially if it's
       | able to procure a seat on the new board. This could also be the
       | preferred outcome for Microsoft, given a high legal risk if it
       | hires a majority of OpenAI employees. We see little to no
       | likelihood that Microsoft will buy OpenAI amid ongoing regulatory
       | hurdles."
       | 
       | -- Anurag Rana and Andrew Girard, analysts
       | 
       | https://www.bloomberg.com/news/articles/2023-11-21/altman-op...
        
         | jacquesm wrote:
         | > given a high legal risk if it hires a majority of OpenAI
         | employees
         | 
         | What legal risk would that be? All they have to do is to claim
         | that they are protecting their interests, besides it is not as
         | if Microsoft has ever been afraid of a legal challenge.
        
           | phpnode wrote:
           | MS and OpenAI certainly have non-solicitation clauses in
           | their contracts. MS could afford the legal battle but isn't
           | it better for them to wait it out and see what happens first?
        
             | agloe_dreams wrote:
             | https://twitter.com/kevin_scott/status/1726971608706031670
             | 
             | Uh..the CTO of MS saying he will match OAI pay and will
             | support their mutiny uh...definitely is solicitation.
        
               | gjsman-1000 wrote:
               | The letter from OpenAI employees to the board expressly
               | says:
               | 
               | "We, the undersigned, may choose to resign from OpenAl
               | and join the newly announced Microsoft subsidiary run by
               | Sam Altman and Greg Brockman. _Microsoft has assured us
               | that there are positions for all OpenAl employees at this
               | new subsidiary should we choose to join._ "
               | 
               | I think it's safe to say there probably isn't any non-
               | solicitation clause; or at least, it's a very weak one or
               | specific one that Microsoft isn't violating (i.e. you
               | won't reach out over LinkedIn).
        
             | clhodapp wrote:
             | Non-solicitation agreements are like super-illegal in
             | California. See the "wage fixing" case against Apple,
             | Google, Adobe, Pixar, Intuit, and Intel.
        
               | manquer wrote:
               | It is different between JV partners or between vendor and
               | customer . If non solicit agreement were not legal for
               | those , consulting companies either tech or management
               | consulting will not be able to operate at all .
        
               | jacquesm wrote:
               | JV partners are entirely different form consulting
               | arrangements though and these are some pretty exceptional
               | circumstances.
        
             | mjirv wrote:
             | Unlikely. Non-poaching agreements are illegal under federal
             | antitrust law.
        
               | danielmarkbruce wrote:
               | Nonsense.
        
             | jacquesm wrote:
             | I've yet to see a more clear example of solicitation and MS
             | is very much out front with this, presumably their ability
             | to protect their interest in OpenAI outweighs the risk that
             | the competition (Google, etc) would snap up the employees.
             | Think of it as a stop-gap move to ensure that people won't
             | leave and it looks different already. If there is any legal
             | risk (which I doubt) then it is more than offset by their
             | most simple excuse to ignore it, besides the legalities
             | involving non-poaching agreements to begin with.
        
             | blackoil wrote:
             | Are non-solicitation clauses legal?? one between AAPL and
             | GOOG were illegal.
        
               | jacquesm wrote:
               | They usually are not.
        
               | phpnode wrote:
               | I'm quite surprised by this, if only because of the
               | regularity with which they appear in _standard_ software
               | consulting agreements.
        
               | jacquesm wrote:
               | That depends very much on the locality. What's legal in
               | one country will get you in serious trouble in many
               | others.
               | 
               | hi there!
        
               | phpnode wrote:
               | The clauses are common in the UK but I see them all the
               | time from startups incorporated in Delaware. Maybe
               | they're there for the deterrent factor. Also, hi!
        
               | jacquesm wrote:
               | Yes, they get put in but if you try to enforce them
               | you'll find that you can't.
               | 
               | We sign contracts with non-poaching elements in them all
               | the time because the companies we look at are afraid that
               | we will use our inside knowledge to go after their best
               | talent. But I suspect that just the basic protections an
               | employee has under employment law would be enough to stop
               | a company from trying to enforce this (we have a term for
               | this in Dutch which is called 'broodroof' but I don't
               | know any good English translation).
               | 
               | That said: for Execs and consultants it is a different
               | matter. But they are not rank-and-file employees.
        
       | woeirua wrote:
       | Of course. The value of their investment goes to zero if all the
       | employees walk away.
        
         | paul7986 wrote:
         | The employees have lots of power especially if they organize
         | and demand a lot. As of now feels like they are being treated
         | as pawns.
        
         | karmasimida wrote:
         | OpenAI's value IS their employees.
         | 
         | In aggregate they are secret sauce why GPT4 only exists in
         | OpenAI not anywhere else. Data/compute are hard too, but some
         | competitors do have the capacity.
        
       | Thaxll wrote:
       | This whole story is very entertaining.
        
       | robomartin wrote:
       | How does someone come back without being livid about what just
       | happened?
       | 
       | Without giving it much thought, my first impulse would be that
       | every single person who participated in the ousting would have to
       | resign and go away immediately. I cannot conceive of any way to
       | clear the air and approach the work to be done with a clear
       | mental state.
       | 
       | Too vindictive or appropriately restorative?
        
         | flappyeagle wrote:
         | Ilya can stay, bygones be bygones. He was there since the
         | beginning. everyone else must go.
        
         | martingalex2 wrote:
         | I'm interested in whether this has potential trickle effect in
         | other startups where the staff threaten to mutiny if they don't
         | like the change in leadership. Flipping crazy and precedent
         | setting for corporate governance.
        
       | methodical wrote:
       | Breaking: investors want company to not tank in value due to
       | departure of CEO and 90% of employees
        
       | startupsfail wrote:
       | I would call for an attempt to restore the nonprofit structure
       | and the board, using a CA government intervention that regulates
       | nonprofits.
       | 
       | Sam Altman certainly was very perceptive
       | -https://blog.samaltman.com/machine-intelligence-part-1
       | 
       | But it does seem that the concentration of power was getting a
       | bit high. And the fact that the nonprofit that was created to
       | balance exactly that had disintegrated is not a good sign.
       | 
       | This structure of the nonprofit seems to be a very smart move by
       | some very smart people. Visionaries. I'd say it needs to be
       | restored and rebalanced.
        
         | agloe_dreams wrote:
         | This is not a structure that will actually work in the real
         | world and everyone involved knows it.
         | 
         | Why? Because the profit half is why the non-profit would ever
         | have power.
         | 
         | If the company is led to slow progress down or reduce profit
         | motivations, other companies will fill that gap and the non-
         | profit doesnt have power over AI anymore.
         | 
         | To be the source of AI, to control it, means to have the money
         | to pay the best, to build the sort of place that AI dev can
         | thrive. Only then can you control what gets out there. This
         | will lead a rift between the pro-profit and non-profit halves
         | and when the investors and clients get limited by the
         | nonprofits, they will work to kill the non-profit. This is what
         | reality, not dream company world, looks like. Might I add, the
         | board was stacked from the start. They have a competitor on the
         | board regulating the profit half. Few if any of them are
         | actually respectable or successful leaders.
         | 
         | This ends with the Board gone and replaced with one pro-profit
         | for MS, or MS holding all the cards internally. No version of
         | this actually will work long-term and it never would. People
         | inventing it thought they could make a dream company of sorts
         | with no downsides, just non-profit smarts running a profitable
         | company...but it isn't a balanced system. The money wins out.
        
         | mminer237 wrote:
         | OpenAI is incorporated in Delaware, so it would be up to the
         | Delaware attorney general to make any direction as to the non-
         | profit purpose, which she has thus far ignored.
        
       | endisneigh wrote:
       | The employees won't resign and I doubt Microsoft will match the
       | hypothetical 90B valuation for their profit participation units,
       | otherwise they would've left already (Microsoft has agreed to
       | match).
       | 
       | The investors have no power here and are effectively irrelevant.
       | The remaining board had little to lose. The charter explicitly
       | calls investment risky, so they're good there too.
       | 
       | > The Company's duty to this mission and the principles advanced
       | in the OpenAl, Inc. Charter take precedence over any obligation
       | to generate a profit. The Company may never make a profit, and
       | the Company is under no obligation to do so.
       | 
       | Even if the employees left I'm sure there is a class of person
       | who would join still.
       | 
       | My questions are who will be permanently ceo, and why did they
       | foolishly accuse Altman of lying. Luckily for them everyone lies
       | and they can just pick something, but it was a bad move.
        
         | dgacmu wrote:
         | The investors have extremely deep pockets and good lawyers. I
         | would not want to be on that board even with very good D&O
         | insurance. It's not bulletproof, and a lawsuit by Altman, in
         | particular, could be excluded from coverage and force them to
         | defend themselves out of pocket.
        
           | endisneigh wrote:
           | Even if they wanted to sue, the employees would have to make
           | some decision, forcing the issue regardless so I doubt it
           | matters.
        
             | dgacmu wrote:
             | I'm objecting to the comment that the remaining board has
             | little to lose. It's possible for sufficiently motivated
             | investors, former board members, and employees to make
             | their life awfully miserable.
        
         | Pigalowda wrote:
         | It's been less than 2 business days. It probably took you
         | longer to decide to wash your car much less immediately pack up
         | and move jobs.
        
         | golergka wrote:
         | > I doubt Microsoft will match the hypothetical 90B valuation
         | for their profit share units, otherwise they would've left
         | already (Microsoft has agreed to match)
         | 
         | If Microsoft won't, Google or Meta will.
        
           | endisneigh wrote:
           | I doubt it. The ppus at a 90 billion valuation puts even late
           | employees in the 7 figure territory.
           | 
           | They can afford it, but ultimately the brand is what's
           | valuable. The only reason both Google and meta have not
           | released something like gpt4 is because it's not profitable
           | and paying hundreds of millions for dozens of employees or
           | billions for everyone isn't really going to be worth it.
           | 
           | Ironically, it would be better to let OpenAI die and let all
           | of these people start their own things, and if one of them
           | creates agi then pay that person the 90 billion.
        
           | machinekob wrote:
           | Who would buy 500 people for 90B without tech, dataset,
           | company culture they are pretty much your another excellent
           | ML guys or team.
           | 
           | They can make great things for sure but not more than your
           | organisation will allow them
           | 
           | Im pretty sure this big corporations aren't as fast moving
           | and "we dont care about law/copyright" as ML startups, and
           | people working in Meta/Google are as good as your typical
           | OpenAI guy just with massive corporation on their back and
           | this wont change.
        
             | golergka wrote:
             | Matching 90B valuation for compensations would only equal
             | 90B if you assume that 100% of that valuation went to
             | employees. Which sounds pretty far fetched, if you ask me.
        
       | xyst wrote:
       | Late OpenAI investors sweating right now looking at the potential
       | bag hold in their portfolio.
        
       | tcgv wrote:
       | Any OpenAI employee here willing to (anonymously or not) share
       | your view on the subject?
       | 
       | Is support for Sam Altman's return that strong within the
       | company, or are the media and investors exaggerating for their
       | own sake?
        
         | maxdoop wrote:
         | 98% of employees legitimately signed the letter wishing Sam to
         | be reinstated, so I'm not sure how media or investors play in
         | to that at all.
        
       | foota wrote:
       | Does anyone know what control the investors have over their
       | funds? I've seen mention that it might be cloud credits that they
       | could pull, but I'm not sure I understand how they could do that
       | unless it was part of their contract.
        
       | arisAlexis wrote:
       | The whole idea was that investors wouldn't push ...
        
       | jmerz wrote:
       | As of yesterday this situation has crossed into omnishambles
       | territory.
       | 
       | Sunday you could still have reversed this and treated it as a
       | blip. Now it's Tuesday--there's not really an option anymore that
       | doesn't cause some kind of lasting damage.
        
       | alberth wrote:
       | If Sam was reinstated as CEO, does that really solve anything?
       | 
       | Isn't the underlining issue the conflict of their own nonprofit
       | vs profit status & motives.
        
       | curiousllama wrote:
       | Imagine being on a PIP at OpenAI right now.
       | 
       | "Hey Microsoft - you for real about that offer?"
        
       | russdpale wrote:
       | All bow before the mighty hand of the dollar.
        
       | j45 wrote:
       | https://archive.is/XoGvJ
        
       | d--b wrote:
       | Honest question:
       | 
       | Is Altman really worth it? I am surprised by the internal
       | support.
        
         | dragonwriter wrote:
         | If you have profit sharing, the drive for commercialization is
         | worth it, as is making the big commercializing partner who
         | could otherwise be a competitor happy.
         | 
         | Profit-based compensation in a firm where profit is nominally
         | at best a secondary goal creates misaligned incentives between
         | employees and employer compared to fixed wage/salary.
        
       | xivzgrev wrote:
       | does this story remind anyone of when Facebook investors started
       | crying about needing new leadership?
       | 
       | same story here - investors knew what they were buying into. A
       | profit capped for profit, OWNED BY A NON PROFIT. Said non profit
       | could, at any time, make decisions that are not optimal for
       | profit. Surprise surprise.
       | 
       | Of course they'll push, but I doubt they'll get any sympathy.
        
       | DebtDeflation wrote:
       | It's not reported as much as it should be, but at one point in
       | 2021 the OpenAI board had 10 people on it. In the beginning of
       | 2023 it had 9 people. 3 stepped down over the course of 2023 and
       | were not replaced, leaving only 6 in place by the time of last
       | week's fiasco. 2 of the 6 were then removed on Friday leaving 4.
       | The typical large company will have 10-12 people on the board.
       | Apparently, OpenAI's bylaws do not set a fixed size for the board
       | and allow the board itself to elect and remove members and allows
       | a simple majority to take any action without even requiring a
       | formal meeting. It's a glaring failure of governance that OpenAI
       | now has a 4 person board that seems split and paralyzed over what
       | to do next. The path forward has to include not only all 4 of the
       | current board members resigning but a change in bylaws to
       | establish a larger board with a balance of insiders and outsiders
       | and much clearer operating procedures.
        
         | jacquesm wrote:
         | > Apparently, OpenAI's bylaws do not set a fixed size for the
         | board and allow the board itself to elect and remove members
         | and allows a simple majority to take any action without even
         | requiring a formal meeting.
         | 
         | For their sake I do hope they read the bylaws and that your
         | 'apparently' doesn't come back to haunt them because then they
         | are in even more trouble.
         | 
         | > The path forward has to include not only all 4 of the current
         | board members resigning but a change in bylaws to establish a
         | larger board with a balance of insiders and outsiders and much
         | clearer operating procedures.
         | 
         | Amen to that. It might even end with the removal of the
         | oversight board and the whole non-profit construct.
        
           | DebtDeflation wrote:
           | If not removal then at least a clear split into two separate
           | (for-profit and non-profit) entities with no parent-sub
           | relationship. Then have an agreement where the for-profit
           | entity commits to a specified funding level for the non-
           | profit in exchange for a license to commercially use/resell
           | the IP.
        
         | ChatGTP wrote:
         | This is the type of thing Microsoft should known about before
         | investing, billions in the company.
         | 
         | They are crying foul now and it might work out ok. But they
         | were asking for it.
        
       | woopsn wrote:
       | Firing Sam Altman was a truly great move and I hope the board
       | wins out. Investors are furious... Who cares? That's why it is a
       | nonprofit, to protect them from being forced towards maximizing
       | growth and profit at the expense of their mission. Let Sam and
       | whoever wants go to Microsoft and copy the chat product, wishing
       | them the best.
        
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