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OpenAI’s promise to stay in California helped clear the path for its IPO

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171–180 of 359 posts

Re: OpenAI’s promise to stay in California helped clear the path for its IPO

#171
post #83

Earlier quoted context omitted.

So they avoid billions of tax on nonprofit status, then magically get to keep it all when they are for-benefit? How about no, fuck you, dissolve?

I mean, OpenAI has never been profitable. If anything, they are insanely unprofitable.

The more interesting question is will they be able to deduct those past losses (while they were "nonprofit") from their future income in the same way they could if they had been a normal corporation all along.

Re: OpenAI’s promise to stay in California helped clear the path for its IPO

#172
IPO is to leave someone holding the bag, right? The narrative has really changed from AGI, the most consequential technology, blabla. If I had that I would keep it private. If I wanted to cash out, I’d do an IPO. Is there a narrative that doesn’t make it seem like pump and dump?

Re: OpenAI’s promise to stay in California helped clear the path for its IPO

#173

Earlier quoted context omitted.

Why do you say so? They’re burning cash and don’t currently have a viable path to profitability. Sure they have millions of MAU but not many paying ones.

Look at all the companies that have 'burned cash' with no viable path to profitability over the last 20 years. The good ones outlive that criticism, easily. Think Uber, etc. They clearly see a path to profitability and they have plenty of room to experiment here with what works. With new partnerships and dependencies, they won't run out of cash for a long time.

I don’t know the exact numbers, but I feel like OpenAI raised far more money than those companies, burned through it far quicker and has much more competition with a much shakier value proposition.

They definitely have a strong consumer brand so it’s not like they’re going to disappear, but I understand the bear case.

Re: OpenAI’s promise to stay in California helped clear the path for its IPO

#174
post #14

Earlier quoted context omitted.

> if Bonta blocked its plan to convert to a simpler corporate structure. i'm a bit out of the loop but honestly why does California have a say? surely the investor base and Microsoft was a far harder negotiation than this one. this one smells of govt overreach.

Because of the unusual history of OpenAI, the Government had far more of a say than normal for a company. Remember, OpenAI was originally created as a California non-profit (a charity doing work to create a better AI future). As a charity, it doesn't have to pay the same taxes as it would as a for-profit company, but in exchange it has more rules it needs to follow. And then it released ChatGPT, it exploded in value,…

I don't know whether or not OpenAI should be allowed to convert to a for profit corporation. That sounds like a complex legal question. But I'm pretty damn sure that the decision absolutely shouldn't depend on whether or not the company stays in CA to provide a cash cow for the government on IPO. This whole thing reeks of corruption.

Re: OpenAI’s promise to stay in California helped clear the path for its IPO

#175
post #73

Earlier quoted context omitted.

The entity in question operates in california and is thus subject to california law. California has laws around charitable entities. One might reasonably claim it's overreach, but in response OpenAI could just leave the state. Which is what they threatened.

Not when the AG sues the board and Sam for all the violations that happened around his ouster. The board isn't independent.

Violations such as?

Re: OpenAI’s promise to stay in California helped clear the path for its IPO

#176

Earlier quoted context omitted.

> Corporations exist at the pleasure of government do they not? No. “At the pleasure of” means total discretion. The government can’t just stop letting businesses incorporate because it doesn’t like how a county voted.

There is no constitutional right to incorporate. Theoretically states could stop it at any time. Although they would still have to honor corporations formed in other states so it’s of limited effect.

But there is a constitutional right to equal protection under the law. So while a state can say "everybody can incorporate" or "nobody can incorporate" without scrutiny, there are some pretty hash restrictions on rules that say some people can incorporate and others can't, especially if those restrictions look like they are written to be retaliatory against someone who pissed off the government.

Re: OpenAI’s promise to stay in California helped clear the path for its IPO

#177
post #49

Earlier quoted context omitted.

[flagged]

This is the guy who had everyone here rooting for him when the OpenAI board tried to kick him out. Which was almost certainly the result of a very successful PR campaign carried out by him. He's not really comparable with Jobs. This guy is a politician and Jobs was a product guy.

Lol what? You need to do more research fella. Did it not ever occur to you that Jobs got the recording industry to dance to his tune to offer music for under a dollar? He did the same with the iPhone - smashing the control cellular network providers had over handset producers.

"This is the guy who had everyone here rooting for him when the OpenAI board tried to kick him out."

Finally... oh this is just funny. Who rooted for S Jobs when he was kicked out of Apple, and cheered for him on his return?

.....

Re: OpenAI’s promise to stay in California helped clear the path for its IPO

#178

Earlier quoted context omitted.

> Corporations exist at the pleasure of government do they not? No. “At the pleasure of” means total discretion. The government can’t just stop letting businesses incorporate because it doesn’t like how a county voted.

>The government can’t just stop letting businesses incorporate because it doesn’t like how a county voted. The government can revoke a corporation's charter at any time it desires to.

No it can't. It must comply with other constitutional obligations like the equal protection clause and 1A. Basically any action to revoke the charter of a single corporation (or group of corporations) for any reason other than violating pre-existing law is going to be very hard to justify in court. And threatening to leave the state is clearly not against the law (nor could it ever be because that law would violate 1A). Furthermore, even if a state is able to revoke a corporate charter, it can't stop it from re-incorporating in another state and continuing to do business in the original state under its new charter (commerce clause).

Re: OpenAI’s promise to stay in California helped clear the path for its IPO

#179

Earlier quoted context omitted.

> The workers and supporters who were taken by this idealistic vision I haven’t heard from any of the workers. Why are people white-knighting for them? My hot take is that they don’t mind being able to afford a house (or more) for their efforts. Where’s the outraged employees in this conversation? As for “supporters,” what does that mean? People who watch from the sidelines and never actually contributed don’t usuall…

Donors get a say, did donors get any stock? Its very ugly when you built your for profit by stealing donations from a non-profit, people can condemn that even if they themselves didn't personally lose money similarly to how we can condemn companies abusing people even if we didn't work there.

Did OpenAI take donations? I’m assuming that the “donors” Thiel, Musk, etc, did receive stock. Massive lawsuit otherwise.

But did regular folks donate? Otherwise it seems people are outraged that their hypothetical donations were misused.

Re: OpenAI’s promise to stay in California helped clear the path for its IPO

#180

Earlier quoted context omitted.

If I am understanding things correctly, OpenAI could leave in the future - but CA can’t retroactively block the conversion in that case.

Yup, but the IPO will still have happened in CA, and there's going to be a tax windfall from that. It's about a moment in time, not an "in perpetuity" agreement.

Unless you're Universal and Marvel, leaving Disney unable to buy out Universal's contract with Marvel, and unable to use classic comic book characters because the parks too close to Universals. Still cracks me up.
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