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This is the board of the non-profit. It has no investors. The board does not answer to anyone.


And how does this non-profit pay for its immense server costs?


Non-profits still earn money recorded as net assets. They do not retain earnings at the end of the accounting period to store in shareholder’s equity because there are no shareholders that own the non-profit.


You’re interpreting it as a lawyer would, rather than considering the real-world implications of this.


I’m interpreting it as a CPA


The point still stands, the board does not have "investors". Microsoft knowingly donated to the for profit entity of the non profit. Open AI isn't a PBC, it's a 501c non profit. So the board can act that way, without the knowledge of the investors.

That being said, this is a case of biting the hand that feeds you. An equivalent would be if a nonprofit humiliated its biggest donor. The donor can always walk away, claiming her future donations away, but whatever she's donated stays at the nonprofit.


I hope IRS is watching this ;)


Watching what? A 501c3 being publicly pressured to make key governance decisions for the commercial benefits of investors in the 501c3's for-profit indirect subsidiary rather than the board's good-faith interpretation of its charitable purpose?

Why would they care about that?


It seems that OpenAI had switched to pre-paid billing. If anyone is interested helping, they can go and pre-pay. And support the non-profit.

I'd guess, OpenAI without Sam Altman and YC/VC network is toothless. And Microsoft's/VC/media leverage over them is substantial.


All corporations are basically Russian dolls at this point.


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Nonprofit boards literally don't answer to anyone. Company boards are responsible to shareholders, but nonprofits only have donors and that's not ownership. You can say you're not donating again, or all the employees can quit, but neither of those are legal issues for the board members. It just makes them look stupid.

Though, I'm not sure if you can legally force a donation refund, or what it counts as if you cancel a billion in Azure credits.


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Can you please stop posting in the flamewar style? You've done it multiple times in this thread, it's not what we want here (and destroys what we do want), and you can make your substantive points without it.

If you'd please review https://news.ycombinator.com/newsguidelines.html and stick to the rules when posting here, we'd appreciate it.


From a legal point of view, they are correct: non-profits do not have shares, so they do not have shareholders, and it's the board that wields ultimate authority.

Of course in real life non-profits are funded by donors, who thus have a great deal of practical power over what happens, and you can also do things like sue the non-profit for deviating from its mission.


If they are willing to let things end (because they see their mission as not being fulfillable etc.) and don't care much otherwise then that statement isn't far off. I really don't know how ideological this particular situation is, though.


Are you going to claim something is specifically going to happen to them or are you just going to post about "what's really going on man"?

Satya can assassinate them if he wants, but they're not in legal trouble. (Although, considering how much Helen Toner's resume reads like a CIA agent, he probably shouldn't try it.)

I think they could survive as a useless AI safety lab too. After all, there's already been one for decades called MIRI and it has enough donors to stay open.


For anyone else wondering about Helen Toner’s resume:

Director of Strategy and Foundational Research Grants at Georgetown’s Center for Security and Emerging Technology

Senior Research Analyst at Open Philanthropy, where she advised policymakers and grantmakers on AI policy and strategy

Lived in Beijing, studying the Chinese AI ecosystem as a Research Affiliate of Oxford University’s Center for the Governance of AI

MA in Security Studies from Georgetown

BSc in Chemical Engineering and a Diploma in Languages from the University of Melbourne




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