OpenAI has subpoenaed Meta for documents related to any discussions with Elon Musk or his AI startup xAI about a possible investment in or acquisition of the ChatGPT-maker. The filing comes after Musk made an unsolicited $97.4 billion takeover bid that OpenAI ultimately rejected. The latest briefing indicates Musk may have approached Meta CEO Mark Zuckerberg about financing or investment tied to xAI’s proposal.
This comes amid Musk’s ongoing legal battle with OpenAI over the latter’s shift from a non-profit to a “capped-profit” model. Musk, who had co-founded OpenAI in 2015, only to leave the organization in 2018, has been engaged in an ongoing dispute with the company since February 2024 over this issue, stating that a transition from the original “non-profit” model strays from OpenAI’s original objectives.
Musk’s attorney Marc Toberoff recently told Forbes in a statement that if CEO Sam Altman and OpenAI’s board “is intent on becoming a fully for-profit corporation, it is vital that the charity be fairly compensated for what its leadership is taking away from it: control over the most transformative technology of our time.” Musk also said, via Toberoff, that it’s “time for OpenAI to return to the open-source, safety-focused force for good it once was.”
Musk tried to get Zuckerberg on board for his unsolicited $97.4 billion offer to purchase the non-profit that controls OpenAI earlier this year, according to the ChatGPT-maker. This was an unusual move, considering the two billionaires had previously been in a feud, even challenging each other to a cage-fight. According to a filing, neither Zuckerberg nor Meta signed Musk’s letter of intent or participated in Musk’s almost $100 billion bid.
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Shortly after it was reported that Musk offered to buy OpenAI, Altman took to X — rebranded from Twitter by Musk — and said, “no thank you but we will buy twitter for $9.74 billion if you want.” Musk responded to this, calling Altman a “swindler.” The rejection was followed by countersuits accusing Musk of harassment. The legal battle is set to continue into 2026, with potential ramifications for governance and accountability in AI development.
Meta has objected to the subpoena, stating that its internal discussions are not relevant to the lawsuit, and Musk and his company are the relevant sources to look into. Musk’s attempt to collaborate with rival Zuckerberg to challenge OpenAI’s dominance showcases the intensity of the ongoing competition over AI.