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Elon Musk Sues OpenAI for Abandoning Original Mission for Profit

Elon Musk, CEO of SpaceX and Tesla and owner of X, formerly known as Twitter, attends the Viva Technology conference dedicated to innovation and startups at the Porte de Versailles exhibition center in Paris, France, June 16, 2023. (Reuters)
Elon Musk, CEO of SpaceX and Tesla and owner of X, formerly known as Twitter, attends the Viva Technology conference dedicated to innovation and startups at the Porte de Versailles exhibition center in Paris, France, June 16, 2023. (Reuters)
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Elon Musk Sues OpenAI for Abandoning Original Mission for Profit

Elon Musk, CEO of SpaceX and Tesla and owner of X, formerly known as Twitter, attends the Viva Technology conference dedicated to innovation and startups at the Porte de Versailles exhibition center in Paris, France, June 16, 2023. (Reuters)
Elon Musk, CEO of SpaceX and Tesla and owner of X, formerly known as Twitter, attends the Viva Technology conference dedicated to innovation and startups at the Porte de Versailles exhibition center in Paris, France, June 16, 2023. (Reuters)

Elon Musk has sued ChatGPT-maker OpenAI and its CEO Sam Altman, saying they abandoned the startup's original mission to develop artificial intelligence for the benefit of humanity and not for profit.

The lawsuit filed late on Thursday in San Francisco is a culmination to the billionaire's long-simmering opposition to the startup he co-founded and has since become the face of generative AI, partly due to the billions of dollars in funding from Microsoft.

Musk alleged a breach of contract, saying Altman and co-founder Greg Brockman originally approached him to make an open source, non-profit company, but the startup established in 2015 is now focused on making money.

Recounting OpenAI's founding, Musk said the three men had agreed to work on artificial general intelligence (AGI), a concept that machines could handle tasks like a human, but in a way that would "benefit humanity", according to the lawsuit.

OpenAI would also work in opposition to Google, which Musk believed was developing AGI for profit and would pose grave risks.

Instead, OpenAI "set the founding agreement aflame" in 2023 when it released its most powerful language model GPT-4 as essentially a Microsoft product, the lawsuit alleged.

Musk has sought a court ruling that would compel OpenAI to make its research and technology available to the public and prevent the startup from using its assets, including GPT-4, for the financial gains of Microsoft or any individual.

OpenAI, Microsoft and Musk did not respond to Reuters requests for comment.

The billionaire is also seeking a ruling that GPT-4 and a new and more advanced technology called Q* would be considered AGI and therefore outside of Microsoft's license to OpenAI.

Reuters in November was first to report on Q* and warnings from OpenAI researchers about a powerful AI discovery.

Musk, who runs Tesla and rocket maker SpaceX and bought Twitter for $44 billion in October 2022, stepped down from OpenAI's board in 2018 and has on several occasions called for regulation on AI.

OpenAI's tie-up with Microsoft is under antitrust scrutiny in the United States and Britain following the startup's boardroom battle last year that resulted in the sudden ouster and return of Altman and the creation of a new temporary board.

The startup is planning to appoint new board members in March, the Washington Post reported on Thursday. Microsoft said in November it would have a non-voting, observer seat on the board.

Some legal experts said Musk's allegations of breach of contract, which is partly based on an email between Musk and Altman, could fail to hold up in court.

While contracts can be formed through a series of emails, the lawsuit cites an email that appears to look like a proposal and a "one-sided discussion", said Brian Quinn, a law professor at Boston College Law School.

"To the extent Musk is claiming that the single e-mail in Exhibit 2 is the 'contract', he will fall well short," Quinn said.

Musk's xAI

Musk has mounted a rival AI effort with his startup xAI, which is made up of engineers hired from some of the top US technology firms such as Google and Microsoft that he hopes to challenge.

The startup started rolling out its ChatGPT competitor Grok for Premium+ subscribers of social media platform X in December and aims to create what Musk has said would be a "maximum truth-seeking AI".

The billionaire, who has called AI a "double-edged sword", was among a group of AI experts and industry executives that last year called for a six-month pause in developing systems more powerful than OpenAI's GPT-4, citing great risks to humanity and society.

Since its debut, ChatGPT has been adopted by companies for a wide range of tasks from summarizing documents to writing computer code, setting off a race among Big Tech companies to launch their own offerings based on generative AI.

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North Korean Charged in Cyberattacks on US Hospitals, NASA and Military Bases

A man who allegedly carried out cybercrimes for a North Korean military intelligence agency has been indicted in a conspiracy to hack hospitals and health care providers in several US states. - The AP
A man who allegedly carried out cybercrimes for a North Korean military intelligence agency has been indicted in a conspiracy to hack hospitals and health care providers in several US states. - The AP
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North Korean Charged in Cyberattacks on US Hospitals, NASA and Military Bases

A man who allegedly carried out cybercrimes for a North Korean military intelligence agency has been indicted in a conspiracy to hack hospitals and health care providers in several US states. - The AP
A man who allegedly carried out cybercrimes for a North Korean military intelligence agency has been indicted in a conspiracy to hack hospitals and health care providers in several US states. - The AP

A North Korean military intelligence operative has been indicted in a conspiracy to hack into American health care providers, NASA, US military bases and international entities, stealing sensitive information and installing ransomware to fund more attacks, federal prosecutors announced Thursday.

The indictment of Rim Jong Hyok by a grand jury in Kansas City, Kansas, accuses him of laundering the money through a Chinese bank and then using it to buy computer servers and fund more cyberattacks on defense, technology and government entities around the world.

The hacks on American hospitals and other health care providers disrupted the treatment of patients, officials said. He's accused of targeting 17 entities across 11 US states, including NASA and US military bases, as well as defense and energy companies in China, Taiwan and South Korea, according to The AP.

For more than three months, Rim and other members of the Andariel Unit of North Korea's Reconnaissance General Bureau had access to NASA’s computer system, extracting over 17 gigabytes of unclassified data, the indictment says. They also reached inside computer systems for defense companies in Michigan and California, as well as Randolph Air Force base in Texas and Robins Air Force base in Georgia, authorities say.

The malware enabled the state-sponsored Andariel group to send stolen information to North Korean military intelligence, furthering the country’s military and nuclear aspirations, federal prosecutors said. They've gone after details of fighter aircraft, missile defense systems, satellite communications and radar systems, a senior FBI official said.

“While North Korea uses these types of cyber crimes to circumvent international sanctions and fund its political and military ambitions, the impact of these wanton acts have a direct impact on the citizens of Kansas,” said Stephen A. Cyrus, an FBI agent based in Kansas City.

Online court records do not list an attorney for Rim, who has lived in North Korea and worked at the military intelligence agency’s offices in both Pyongyang and Sinuiju, according to court records. A reward of up to $10 million has been offered for information that could lead to him or other foreign government operatives who target critical US infrastructure.

The Justice Department has prosecuted multiple cases related to North Korean hacking, often alleging a profit-driven motive that sets the nation's cybercriminals apart from hackers in Russia and China. In 2021, for instance, the department charged three North Korean computer programmers in a broad range of hacks including a destructive attack targeting an American movie studio and the attempted theft and extortion of more than $1.3 billion from banks and companies around the world.

In this case, the FBI was alerted by a Kansas medical center that was hit in May 2021. Hackers had encrypted its files and servers, blocking access to patient files, laboratory test results and computers needed to operate hospital equipment. A Colorado health care provider was affected by the same Maui ransomware variant.

A ransom note sent to the Kansas hospital demanded Bitcoin payments valued then at about $100,000, to be sent to a cryptocurrency address.

“Otherwise all of your files will be posted in the Internet which may lead you to loss of reputation and cause the troubles for your business,” the note reads. “Please do not waste your time! You have 48 hours only! After that the Main server will double your price.”

Federal investigators said they traced blockchains to follow the money: An unnamed co-conspirator transferred the Bitcoin to a virtual currency address belonging to two Hong Kong residents before it was converted into Chinese currency and transferred to a Chinese bank. The money was then accessed from an ATM in China next to the Sino-Korean Friendship Bridge connecting China and North Korea, according to court records.

In 2022, the Justice Department said the FBI seized approximately $500,000 in ransom payments from the money laundering accounts, including the entire ransom payment from the hospital.

An arrest of Rim is unlikely, so the biggest outcome of the indictment is that it may lead to sanctions that could cripple the ability of North Korea to collect ransoms this way, which could in turn remove the motivation to conduct cyber attacks on entities like hospitals in the future, according to Allan Liska, an analyst with the cybersecurity firm Recorded Future.

“Now, unfortunately, that will force them to do more cryptocurrency theft. So it’s not going to stop their activity. But the hope is that we won’t have hospitals disrupted by ransomware attacks because they’ll know that they can’t get paid,” Liska said.

He also noted that a Chinese entity was among the victims and questioned what the country, which is an ally of North Korea, thinks of being targeted.

“China can’t be too thrilled about that,” he said.