Musk Wants It All: Damages, Injunction, and More from OpenAI

PRAYER FOR RELIEF

WHEREFORE, Musk respectfully prays for judgment against Defendants as follows:

1. For compensatory, consequential, and statutory damages, restitution, and non-restitutionary disgorgement, and any other relief that may be permitted by law or equity, according to proof in an amount to be determined at trial, together with interest thereon as provided by law;

   
   

2. For a constructive trust on Defendants’ ill-gotten gains, property, and assets traceable to Musk’s significant contributions to OpenAI, Inc.;

   
   

3. For an accounting of all gains, profits, and advantages Defendants have derived from their solicitation, receipt, use, and expenditure of Musk’s contributions to OpenAI, Inc., including the intellectual property and derivative works funded by the same and from Defendants’ use of the same for their benefit or the benefit any third party;

   
   

4. For a judicial determination that OpenAI, Inc.’s license to Microsoft is null and void, or to the extent it is deemed valid, that GPT-4, GPT-4T, GPT4o, and/or other OpenAI next generation large language models constitute Artificial General Intelligence (AGI) and are therefore outside the scope of OpenAI’s license to Microsoft;

   
   

5. For an order compelling specific performance of Defendants’ contractual promises to Musk, as alleged herein;

   
   

6. For a preliminary and permanent injunction enjoining Defendants from the unlawful, unfair, and unjust conduct alleged herein;

   
   

7. For treble damages pursuant to 18 U.S.C. § 1964(c);

   
   

8. For punitive and/or exemplary damages as provided by law;

   
   

9. For costs of suit;

   
   

10. For attorneys’ fees pursuant to Cal. Civ. Proc. § 1021.5, 15 U.S.C. § 1117(a), 18 U.S.C. § 1964(c), and as otherwise permitted by law; and

    
    

11. For such other and further relief as the Court deems just and appropriate.