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We have reached an agreement in principle for Sam to return to OpenAI as CEO

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Re: We have reached an agreement in principle for Sam to return to OpenAI as CEO

#971

If OpenAI remains a 501(c)(3) charity, then any employee of Microsoft on the board will have a fiduciary duty to advance the mission of the charity, rather than the business needs of Microsoft. There are obvious conflicts of interest here. I don't expect the IRS to be a fan of this arrangement.

OpenAI's charter is dead. I expect future boards to amend it.

People keep saying this but is there any evidence that any of this was related to the charter?

Re: We have reached an agreement in principle for Sam to return to OpenAI as CEO

#972

If OpenAI remains a 501(c)(3) charity, then any employee of Microsoft on the board will have a fiduciary duty to advance the mission of the charity, rather than the business needs of Microsoft. There are obvious conflicts of interest here. I don't expect the IRS to be a fan of this arrangement.

Microsoft doesn't have to send an employee to represent them on the board. They could ask Bill Gates.

Actually I think Bill would be a pretty good candidate. Smart, mature, good at first principles reasoning, deeply understands both the tech world and the nonprofit world, is a tech person who's not socially networked with the existing SF VCs, and (if the vague unsubstantiated rumors about Sam are correct) is one of the few people left with enough social cachet to knock Sam down a peg or two.

Re: We have reached an agreement in principle for Sam to return to OpenAI as CEO

#973
post #761

If OpenAI remains a 501(c)(3) charity, then any employee of Microsoft on the board will have a fiduciary duty to advance the mission of the charity, rather than the business needs of Microsoft. There are obvious conflicts of interest here. I don't expect the IRS to be a fan of this arrangement.

My guess is that the non-profit has never gotten this kind of scrutiny now and the new directors are going to want to get lawyers involved to cover their asses. Just imagine their positions when Sam Altman really does something worth firing. I think it was a real mistake to create OpenAI as a public charity and I would be hesitant to step into that mess. Imagine the fun when it tips into a private foundation status.

Are there any similar cases of this "non-profit board overseeing a (huge) for-profit company" model? I want to like the concept behind it. Was this inevitable due to the leadership structure of OpenAI, or was it totally preventable had the right people been on the board? I wish I had the historical context to answer that question.

Re: We have reached an agreement in principle for Sam to return to OpenAI as CEO

#975

If OpenAI remains a 501(c)(3) charity, then any employee of Microsoft on the board will have a fiduciary duty to advance the mission of the charity, rather than the business needs of Microsoft. There are obvious conflicts of interest here. I don't expect the IRS to be a fan of this arrangement.

how can they not remain a charity?

Re: We have reached an agreement in principle for Sam to return to OpenAI as CEO

#976

At the end of the day, we still don't know what exactly happened and probably, never will. However, it seems clear there was a rift between Rapid Commercialization (Team Sam) and Upholding the Original Principles (Team Helen/Ilya). I think the tensions were brewing for quite a while, as it's evident from an article written even before GPT-3 [1]. > Over time, it has allowed a fierce competitiveness and mounting pressu…

Both sides of the rift in fact care a great deal about AI Safety. Sam himself helped draft the OpenAI charter and structure its governance which focuses on AI Safety and benefits to humanity. The main reason of the disagreement is the approach they deem best: * Sam and Greg appear to believe OpenAI should move toward AGI as fast as possible because the longer they wait, the more likely it would lead to the proliferat…

> Both sides of the rift in fact care a great deal about AI Safety.

I disagree. Yes, Sam may have when it OpenAI was founded (unless it was just a ploy), but certainly now it's clear that the big companies are on a race to the top and safety or guardrails are mostly irrelevant.

The primary reason that the Anthropic team left OpenAI was over safety concerns.

Re: We have reached an agreement in principle for Sam to return to OpenAI as CEO

#977

If OpenAI remains a 501(c)(3) charity, then any employee of Microsoft on the board will have a fiduciary duty to advance the mission of the charity, rather than the business needs of Microsoft. There are obvious conflicts of interest here. I don't expect the IRS to be a fan of this arrangement.

I don't get the drama with "conflict of interests"... Aren't board members generally (always?) in representation of major shareholders? Isn't it obvious that shareholders have interests that are likely to be in conflict with each other or even the own organization? Thats why board members are supposed to check each other, right?

Re: We have reached an agreement in principle for Sam to return to OpenAI as CEO

#978

If OpenAI remains a 501(c)(3) charity, then any employee of Microsoft on the board will have a fiduciary duty to advance the mission of the charity, rather than the business needs of Microsoft. There are obvious conflicts of interest here. I don't expect the IRS to be a fan of this arrangement.

Major corporate boards are rife with "on paper" conflicts on interest - that's what happens when you want people with real management experience to sit on your board and act like responsible adults. This happens in every single industry and has nothing to do with tech or with OpenAI specifically. In practice, board bylaws and common sense mean that individuals recuse themselves as needed and don't do stupid shit.

Larry Summers practically invented this stuff...

Re: We have reached an agreement in principle for Sam to return to OpenAI as CEO

#979
post #874

If OpenAI remains a 501(c)(3) charity, then any employee of Microsoft on the board will have a fiduciary duty to advance the mission of the charity, rather than the business needs of Microsoft. There are obvious conflicts of interest here. I don't expect the IRS to be a fan of this arrangement.

> There are obvious conflicts of interest here. There are almost always obvious conflicts of interest. In a normal startup, VCs have a legal responsibility to act in the interest of the common shares, but in practice, they overtly act in the interest of the preferred shares that their fund holds.

The more and more I see the way complex share structures are used, the more I think they should be outlawed

Re: We have reached an agreement in principle for Sam to return to OpenAI as CEO

#980
post #856

If OpenAI remains a 501(c)(3) charity, then any employee of Microsoft on the board will have a fiduciary duty to advance the mission of the charity, rather than the business needs of Microsoft. There are obvious conflicts of interest here. I don't expect the IRS to be a fan of this arrangement.

Others have pointed out several reasons this isn't actually a problem (and that the premise itself is incorrect since "OpenAI" is not a charity), but one thing not mentioned: even if the MS-appointed board member is a MS employee, yes they will have a fiduciary duty to the organizations under the purview of the board, but unless they are also a board member of Microsoft (extraordinarily unlikely) they have no such fi…

Whats the point of Microsoft appointing a board member if not to sway decision in ways that benefit them?
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