We're going around in circles I think but to me it is evident that a somewhat competent board that intends to fire the CEO of the company they are supposed to be governing will have a handy set of items ready: a valid reason, minutes of the meeting where all of this was decided where they gravely discuss all of the evidence and reluctantly decide to have to fire the CEO (handkerchiefs are passed around at this point, a moment of silence is observed), the 'green light' from legal as to whether that reason constitutes sufficient grounds for the dismissal. Those are pre-requisites.
> Yes, and if they fail to do so in regards to the things they are legally obligated to care for, like the charitable mission, people who have a legally-cognizable interest in the thing they failed to pursue with diligence and prudence have a claim.
I fail to see the correlation between 'blowing up the entity' by a set of ill advised moves and 'taking care of the charitable mission'.
The charitable mission is not a legal entity and so it will never sue, but it isn't a get-out-of-jail-free card for a board that wants to decide whatever it is that they've set their mind to.
> But whose legally cognizable interest (and what specific such interest) do you think is at issue here?
For one: Microsoft has a substantial but still minority stake in the for-profit, there are certain expectations attached to that and the same goes for all of the employees both of the for-profit and the non-profit whose total compensation was tied to the stock of OpenAI, the for profit. All of these people have seen their interests be substantially harmed by the board's actions and the board would have had to balance that damage with the weight of the positive effect on the 'charitable mission' in order to be able to argue that they did the right thing here. That's not happening, as far as I can see it, in fact the board has gone into turtle mode and refuses to engage meaningfully, two days later they did it again and fired another CEO (presumably this is still in line with protecting the charitable mission?).
> Sure, there are specific parties who have specific legally cognizable interests and can hold the board accountable via legal process for alleged failures to meet obligations in regard to those specific interests.
Works for me.
> I’m asking you to identify the specific legally-cognizable interest you believe is at issue here, the party who has that interest, and your basis for believing that it is a legally-cognizable interest of that party against the board.
See above, if that's not sufficient then I'm out of ideas.