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Meta Asks the US Government To Block OpenAI's Switch To a For-Profit 24

Meta is asking California Attorney General Rob Bonta to block OpenAI's planned transition from a non-profit to for-profit entity. From a report: In a letter sent to Bonta's office this week, Meta says that OpenAI "should not be allowed to flout the law by taking and reappropriating assets it built as a charity and using them for potentially enormous private gains."

The letter goes so far as to say that Meta believes Elon Musk is "qualified and well positioned to represent the interests of Californians in this matter." Meta supporting Musk's fight against OpenAI is notable given that Musk and Mark Zuckerberg were talking about literally fighting in a cage match just last year.

OpenAI started as a non-profit but stumbled into commercial success with ChatGPT, which now makes billions of dollars a year in revenue. CEO Sam Altman has been clear that the company needs to shed its non-profit status to become more attractive to investors and continuing funding its ambitions.

Meta Asks the US Government To Block OpenAI's Switch To a For-Profit

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  • how about we allow the transition, but OpenAI must accept (and pay in full), whatever the state determines is an appropriate amount of back taxes for their time as a "non-profit"

    • by dmay34 ( 6770232 )

      The back taxes would probably be Zero since until this past year it's had no revenue.

      • But there isn't any profit to tax? According to ChatGPT:

        "As of December 2024, OpenAI has not yet achieved profitability. Despite generating substantial revenue, the company anticipates a loss of approximately $5 billion this year, primarily due to significant operational expenses, including computing infrastructure and talent acquisition."

        I don't see this changing any time soon, even with a $200/month plan.
      • Re:alternatively... (Score:5, Interesting)

        by Whateverthisis ( 7004192 ) on Friday December 13, 2024 @10:39PM (#65012343)
        It's not about back taxes. Assets developed in a non-profit cannot be converted to a for-profit enterprise in nearly every situation, otherwise it'd be extremely easy to abuse. The way this generally is done is to create a for-profit entity, and then the for-profit liquidates the assets of the non-profit by buying them from the non-profit. The non-profit then distributes the assets for it's charitable purpose.

        So in the usual way this is done, ForProfitAI would have to raise enough money to buy the assets from OpenAI to develop them, and you'd be required to have different representatives on both sides of the transaction. It's not impossible, but it would require billions of dollars in ForProfitAI to buy the assets of OpenAI at a fair market price. If they don't follow this process, they're open to major investigations from the IRS; the IRS takes this kind of thing very seriously.

        I'm not saying it can't be done, but it's not easy to do given their size.

        • Re:alternatively... (Score:5, Informative)

          by mysidia ( 191772 ) on Saturday December 14, 2024 @12:49AM (#65012503)

          ForProfitAI would have to raise enough money to buy the assets from OpenAI to develop them

          There is a problem even with this. A 501c3 is prohibited from having any of its revenue, contributions, etc, inure to the private benefit.

          If your ForProfitAI owned by your non-profit's managers are proposing to Pay $X for those assets, but that price is not high enough, and OtherCompany such as Meta would be willing to pay $X + 10 for those assets, Then your management would be committing an act of Self-dealing and thus conducting a prohibited transaction To simply sell it to ForProfitAI without making a clear effort to manage the sale appropriately and Find the best possible buyer (The buyer willing to conduct the purchase at the highest possible price)..

          Meaning if you are wanting to divest your For profit by selling it, Then your management CANNOT make it so only their own company could buy it, as that would be a roundabout way of undervaluing and assigning public contributions to themself for their own benefit.

          • You've got the right analysis. It's a tricky situation here. The legal pathways to do this are fraught with all sorts of ways for it to be disrupted, and Meta (and Microsoft) have the cash to just pull the rug out if necessary. Musk doesn't have the cash, but can still be a poison pill in the whole thing. Altman's got his work cut out for him to try and pull this off, and I don't see how they're going to do it.
            • by Luckyo ( 1726890 )

              Musk is actually the most cash rich of them all by far when it comes to ability to invest in new things. Because unlike others, he's proven to biggest investors on the planet that he can deliver significant profits through a variety of mechanisms where there seems to be none.

              A good example is the supposedly massive loss leader of X purchase, where large percentage of money came from investors other than Musk. Who are all looking to make out like absolute bandits out of the deal on mix of things like prefere

  • Non-profits have set up for profit subs to commercialize things they have developed.
    • Re:Not unusual (Score:5, Informative)

      by thecombatwombat ( 571826 ) on Friday December 13, 2024 @11:34PM (#65012393)

      That's not the same as what they're trying to do. Non-profits are allowed to make money.

      What they *aren't* allowed to do, is to sell ownership on a stock exchange . . . there's no huge going public exit for the founders of a non-profit.

      The non-profit structure of groups like Mozilla, Signal, and Proton, keeps them from being acquired, not from making money. The board is answerable to a charter/mission statement, not to shareholders.

      • That's not the same as what they're trying to do. Non-profits are allowed to make money.

        Right, my point was aimed at peopel who think nonprofit means no profit.

        What they *aren't* allowed to do, is to sell ownership on a stock exchange . . . there's no huge going public exit for the founders of a non-profit.

        The non-profit structure of groups like Mozilla, Signal, and Proton, keeps them from being acquired, not from making money. The board is answerable to a charter/mission statement, not to shareholders.

        In the end, it comes down to money. As a 401c, they could get tax free money to build their product, and sell 'ownership' on a private basis, such as to MS; but now that AI represents serious money people want to cash out.

  • Sorry Zuck (Score:2, Funny)

    by GrahamJ ( 241784 )

    Trump already has Musk for a fluffer, you'll have to get in line.

  • ...if my friend, right?

    I'm looking forward to the renewed challenges to a cage-fight match soon! That's if Musk's not too busy appearing in the 2nd season of "The Trumps."
  • by TheStatsMan ( 1763322 ) on Saturday December 14, 2024 @09:23AM (#65012903)

    Everything they do is self-serving and arrogant. Bexos, Musk, Altman, Zuck, et al. - the have all the resources in the world and simply choose the path leading the world into a dystopian, rotten, wasteland.

    It really is an era of zero ethics. And the latest election just empowers all of these assholes to be their worst self.

    • Agreed, and of course they are all willing to put aside (as are most on /.) any concern to the environment with AI. Big oil has recently come on board with building generation for the AI datacenters. Why, well because it takes cities worth of power to power these things. And all from fossil fuel. They talk about SMR's but looking at the time frames, the world will be a sauna before they are built and functional.
    • One recently posted

      ```
      Insurance companies, like any company, have a duty to shareholders to maximize profits, no matter how ruthlessly.
      ```

      and then subsequently deleted the post.

      Legally this argument is sound.

      Socially it's sociopathic.

      The Legal System, as constructed, drives sociopathy.

      The most successful businessmen run "perfectly legal" companies.

      It's normal to dislike such humans.

  • by DERoss ( 1919496 ) on Saturday December 14, 2024 @12:57PM (#65013265)

    The title "Meta Asks the US Government To Block OpenAI's Switch To a For-Profit" is misleading. California Attorney General Rob Bonta Rob Bonta is a state official and not part of the U.S. government. By law, the California Attorney General is the "super trustee" of all non-profits incorporated in California.

    More than once in the past, a California non-profit has converted to for-profit. The largest was likely California Blue Cross, which converted in 1996 and became WellPoint.

    The conversion of the System Development Corporation (SDC) in the 1970s -- where I was employed at the time -- provides a road map. Renaming itself the System Development Foundation (SDF), it incorporated a wholly owned for-profit subsidiary that acquired all of the old SDC's assets including the name System Development Corporation. SDF tried to dispose of for-profit SDC three times. Attempting public sales twice failed when general stock market conditions turned sour. A third attempt was blocked by the California Attorney General because the investment banker that advised the old SDC on how to convert was going to bring the new SDC to the public, which was a conflict of interest. Eventually, SDF sold its SDC subsidiary to the Burroughs Corporation in 1980. SDF used the money it received for grants to universities and other non-profits.

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