Musk Challenges Legality of OpenAI's Microsoft Deal

COUNT XV: DECLARATORY RELIEF (Against All Defendants)

339. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 338 inclusive, as though fully set forth herein.

340. By reason of the foregoing facts, an actual and justiciable controversy has arisen and now exists between Musk and Defendants as to whether OpenAI, Inc.’s exclusive license to Microsoft is valid. Alternatively, if the license is valid, an actual and justiciable controversy has arisen between Musk and Defendants as to whether GPT-4, GPT-4T, GPT-4o, and other OpenAI next generation large language models constitute AGI and are thus excluded from Microsoft’s license.

341. Musk contends and Defendants deny that the Microsoft license violates OpenAI, Inc.’s non-profit mission and breaches the agreement between Musk, Altman, and OpenAI, Inc.

342. Musk therefore desires a judicial determination that OpenAI, Inc.’s license to Microsoft is null and void. 343. Musk contends and Defendants deny that GPT-4, GPT-4T, GPT-4o, and other OpenAI next generation large language models constitute AGI and are thus outside the scope of OpenAI, Inc.’s license to Microsoft.

344. Musk therefore desires a judicial determination that GPT-4, GPT4T, GPT-4o, and other OpenAI next generation large language models constitute AGI and are outside the scope of the license to Microsoft, to the extent the license is deemed valid by this Court.

345. A declaration of the Court is necessary and appropriate pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 et seq., so the parties may ascertain their rights with respect to the aforesaid agreement, the license, and OpenAI’s AGI technology.