OpenAI: The nonprofit refuses to die (with Tyler Whitmer)
Last December, the OpenAI business put forward a plan to completely sideline its nonprofit board. But two state attorneys general have now blocked that effort and kept that board very much alive and kicking.
The for-profit’s trouble was that the entire operation was founded on the premise of — and legally pledged to — the purpose of ensuring that “artificial general intelligence benefits all of humanity.” So to get its restructure past regulators, the business entity has had to agree to 20 serious requirements designed to ensure it continues to serve that goal.
Attorney Tyler Whitmer, as part of his work with Legal Advocates for Safe Science and Technology, has been a vocal critic of OpenAI’s original restructure plan. In today’s conversation, he lays out all the changes and whether they will ultimately matter:

After months of public pressure and scrutiny from the attorneys general (AGs) of California and Delaware, the December proposal itself was sidelined — and what replaced it is far more complex and goes a fair way towards protecting the original mission:
- The nonprofit’s charitable purpose — “ensure that artificial general intelligence benefits all of humanity” — now legally controls all safety and security decisions at the company. The four people appointed to the new Safety and Security Committee can block model releases worth tens of billions.
- The AGs retain ongoing oversight, meeting quarterly with staff and requiring advance notice of any changes that might undermine their authority.
- OpenAI’s original charter, including the remarkable “stop and assist” commitment, remains binding.










