OpenAI pushes court to force Meta to reveal Musk and xAI talks in takeover fight

OpenAI has asked a court to force Meta to produce documents about any coordination with Elon Musk and xAI tied to an unsolicited bid to acquire the ChatGPT-maker. The request follows a June subpoena to Meta that sought evidence of potential involvement in Musk's approach; Meta objected the following month, prompting OpenAI's latest filing.

OpenAI's lawyers say they learned that Musk communicated with Mark Zuckerberg about possible financing arrangements or investments related to xAI's effort. The filing also states that neither Meta nor Zuckerberg signed a letter of intent to join the investor group behind the offer. Meta has argued that the material OpenAI wants is either available from Musk and xAI directly or irrelevant to the case.

The legal fight hinges on OpenAI's restructuring. Musk's suit challenges OpenAI's shift involving its for-profit arm and its move toward a public benefit corporation structure, arguing it strays from the organization's founding mission. OpenAI counters that the nonprofit remains in control following changes meant to secure funding, and it now wants Meta's documents about any "restructuring or recapitalization" discussions placed on the record.

Court materials and reporting cited in the sources describe Meta's push to surpass GPT-4, subsequent frustration over lagging model performance, aggressive hiring, including the recruitment of ChatGPT co-creator Shengjia Zhao to lead the Meta Superintelligence Labs, and a $14 billion investment in Scale AI. More recently, Meta reportedly paused hiring and split that superintelligence team.

If the court grants OpenAI's motion, Meta would need to hand over communications about its talks, if any, with Musk and xAI, along with internal materials on OpenAI's potential restructuring. If the court sides with Meta, OpenAI will have to seek those records strictly from Musk and xAI. Either outcome will shape discovery in a high-profile case that entwines the industry's top rivals and their shifting alliances.