OpenAI Faces Public Interest Test

Delaware's top legal official has cautioned OpenAI, indicating potential legal action if the company fails to prioritise public interests. This warning follows concessions made by Sam Altman to secure approval from US regulators regarding OpenAI's corporate restructuring. These concessions could expose the company to increased scrutiny from non-profit organisations and possible litigation.

The Attorney General's office has been reviewing OpenAI's proposed transaction for over a year, focusing on maintaining the non-profit's control over the public benefit corporation and ensuring the primacy of its public safety mission. The agreement ensures the non-profit retains the power to prevent product releases and appoint/remove board members. Within a year, the non-profit board must include at least two members who do not serve on the public benefit corporation's board.

These measures aim to guide OpenAI's technology towards benefiting humanity, ensuring access to information and accelerating scientific advancements. The regulators will receive advance notice of significant corporate governance changes. This restructuring allows OpenAI to profit from its AI technology while remaining under the technical control of a non-profit.