A group of former OpenAI employees submitted an amicus brief on Friday backing Elon Musk’s lawsuit to block the company’s proposed transition from a non-profit entity into a for-profit corporation.
The brief, which includes support from twelve former staff members—Steven Adler, Rosemary Campbell, Neil Chowdhury, Jacob Hilton, Daniel Kokotajlo, Gretchen Krueger, Todor Markov, Richard Ngo, Girish Sastry, William Saunders, Carrol Wainwright, and Jeffrey Wu—asserts that such a conversion would severely undermine the organization’s stated mission of ensuring artificial general intelligence (AGI) is used responsibly for the broader benefit of humanity.
Several signatories have publicly voiced concerns in the past about OpenAI’s direction. Gretchen Krueger has openly called for enhanced transparency and accountability from OpenAI, while Daniel Kokotajlo and William Saunders previously warned that the organization was participating in a “reckless” pursuit of competitive dominance in AI. Carrol Wainwright separately noted that OpenAI should not be trusted with self-oversight based on assurances of better decisions “later.”
OpenAI began in 2015 as a non-profit organization before transitioning into a “capped-profit” structure in 2019. Currently, the non-profit wing still holds a controlling interest in the commercial entity. Now, OpenAI is looking to restructure once more—this time into a public benefit corporation. Musk’s lawsuit accuses OpenAI of stepping away from its founding non-profit mission, specifically its commitment to pursuing AI advancement that benefits all humanity rather than a select group of shareholders.
A federal judge previously denied Musk’s request for an injunction against the restructuring but allowed his lawsuit to proceed toward a jury trial set for spring 2026.
The employees’ amicus brief contends this corporate shift not only contradicts the mission promises OpenAI made to employees, investors, and stakeholders, but also eliminates important governance safeguards envisioned under the current arrangement. In particular, the brief refers to the nonprofit’s oversight role as a fundamental safeguard to ensure safety considerations and societal benefits remain prioritized above short-term profit motives.
The filing also argues that OpenAI frequently used its unique nonprofit status as a recruitment advantage over competitors, reassuring both potential and current employees about its governance structure and mission-driven approach. The brief cited internal company discussions, including an all-hands meeting from late 2020, during which CEO Sam Altman allegedly emphasized the nonprofit’s governance role as vital in maintaining OpenAI’s commitment to safety and public benefit.
The former employees caution that turning fully for-profit could lead OpenAI to cut ethical corners or dilute its safety-first commitments. A restructuring would give fewer guarantees that OpenAI would adhere to clauses in its founding charter, such as the “merge and assist” commitment, which obligates the non-profit to help rather than compete against any ethical AI entity that achieves artificial general intelligence first.
This action from former OpenAI staff is part of an expanding movement against the company’s plans. Earlier in the week, various nonprofit organizations along with labor advocates petitioned California Attorney General Rob Bonta to halt the transition, asserting that OpenAI’s planned restructuring would violate its foundational duties as a charitable entity dedicated to advancing safe AI technologies.
OpenAI, responding to critics, maintains that it intends to strengthen its nonprofit component through substantial financial investments directed toward charitable causes, including healthcare, education, and scientific research. According to prior statements from the organization, the nonprofit could potentially secure billions in funding through the restructuring effort.
Nevertheless, for OpenAI, concluding this restructuring swiftly is crucial. Several reports suggest that if the transition is not finalized by the end of this year or the next, the company risks losing significant funding commitments recently secured from major investors.
OpenAI has not yet publicly commented further on this matter.
