OpenAI in talks with regulators to become a for-profit company: Report

As an analyst with over two decades of experience in the tech industry, I find myself intrigued by OpenAI’s decision to transition from a non-profit to a for-profit structure. While it’s understandable that the company needs to attract more investment and potentially increase its profitability, the challenge lies in valuing its intellectual property without compromising its original mission.


According to reports, the company behind ChatGPT, OpenAI, is said to be in early discussions with regulatory bodies in California and Delaware about potentially changing its business model to become a profit-driven entity.

According to Bloomberg’s report, based on information from sources close to the situation, the company, currently worth $157 billion, has initiated discussions with the offices of Attorney General Rob Bonta in California and his counterpart in Delaware.

Initially, it was revealed back in September through Reuters that OpenAI is considering a shift in its main operations, transforming from a non-profit organization to a profit-driven company. This transition means that the company will no longer be governed by its current non-profit board.

Nevertheless, a significant hurdle in these conversations revolves around assessing the worth of OpenAI’s intellectual property, particularly its profitable large-scale language model chatbot.

The process could be complex and drawn out due to California law, which requires value assigned to nonprofit assets to be distributed to a charitable cause, but OpenAI’s primary assets are its intellectual property. 

However, a simplified for-profit structure is considered more attractive to investors than a nonprofit research organization. 

The change could potentially spark doubts about whether the company, established in 2015 with a noble public purpose to develop AI for human safety and well-being, remains committed to this original altruistic goal.

In May 2023, tech magnate Elon Musk raised doubts about the lawfulness of the company’s shift towards profit-making after investing $50 million in the business.

In essence, the speaker stated that OpenAI started off as a non-profit, open-source organization intended to provide balance against Google. However, it later transformed into a for-profit, closed-source entity largely influenced by Microsoft.

In February 2024, Elon Musk filed a lawsuit against OpenAI and its CEO, Sam Altman, alleging a breach of contract. However, he later withdrew this lawsuit in June.

According to Bret Taylor, the chairman of OpenAI’s non-profit board, the non-profit entity will remain intact in any future business setup, as he clarified.

“Any potential restructuring would ensure the nonprofit continues to exist and thrive and receives full value for its current stake in the OpenAI for-profit with an enhanced ability to pursue its mission.”

The firm is “committed to protecting charitable assets for their intended purpose,” said a spokesperson for Bonta’s office. 

OpenAI in talks with regulators to become a for-profit company: Report

In 2019, the firm established a limited profit-oriented affiliate to assist with the expensive process of building AI models.

After a short spell of upheaval, events transpired such as the temporary dismissal and reinstatement of CEO Sam Altman. The atmosphere on the nonprofit board grew tense due to the challenge of striking a balance between ensuring AI safety and the need for commercialization.

On October 23rd, Miles Brundage, a seasoned safety researcher at OpenAI, announced his departure from the company. He intends to establish a new non-profit organization or become part of an existing one, focusing on conducting and promoting research and advocacy in the field of AI policy.

According to reports from October, OpenAI is not expected to make a profit until the year 2029, following a projected revenue of $100 billion. In fact, it’s anticipated that they will experience a financial loss of around $5 billion in the year 2024.

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2024-11-05 09:11