Elon Musk’s legal case against OpenAI is hilariously bad

lol:

Anyway, my guess is that this case will continue to be a gold mine for law schools around the country because it is almost a certainty that OpenAI’s response will be another 1L favorite: a 12(b)(6) motion to dismiss for “failure to state a claim.”

This is the best summary I could come up with:

Elon Musk sued OpenAI today, alleging a wide range of incendiary things, including that GPT-4 is actually an artificial general intelligence.

To have a valid contract, you need an offer, acceptance, and an exchange of value — what lawyers are trained to call “consideration,” in an enduring effort to make simple concepts sound confusing and increase fees.

This tracks with Musk’s increasingly fuzzy understanding of how contracts work; just yesterday a judge told lawyers for X that its breach of contract case against the Centers for Combating Digital Hate involved “one of the most vapid extensions of law I’ve ever heard.”

The important thing to know is that the richest person in the world is now trying to tell a court that he somehow detrimentally relied upon the promises of a nonprofit when he donated millions of dollars to it with no written contract.

From there, the complaint continues to fade into a wet fart — there are some catchall state claims and then a final desperate cause of action for “accounting,” which has two elements under California law, one of which is that OpenAI has to owe Musk money.

Anyway, my guess is that this case will continue to be a gold mine for law schools around the country because it is almost a certainty that OpenAI’s response will be another 1L favorite: a 12(b)(6) motion to dismiss for “failure to state a claim.”

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Damn it. That would have been a strong blow against openai's agressive monetisation if it was a legitimate lawsuit.

Verbal agreements have no standing in court. Maybe Elon wants the SCOTUS to suck em off and change that too.