In the complaint, lawyers for Musk argue that OpenAI is now “actively trying to eliminate competitors” such as xAI by “extracting promises from investors not to fund them.” It’s also allegedly unfairly benefitting from Microsoft’s infrastructure and expertise in what Musk’s counsel describes in the filing as a “de facto merger.”
“xAI has been harmed by, without limitation … an inability to obtain compute from Microsoft on terms anywhere near as favorable as OpenAI receives … and the exclusive exchange between OpenAI and Microsoft of competitively sensitive information,” reads the complaint, filed late Thursday in federal court in Oakland, California.