Overview

• OpenAI executives have discussed an antitrust lawsuit against Microsoft over what they view as anticompetitive partnership terms.
• Microsoft is demanding access to intellectual property from OpenAI’s $3 billion Windsurf acquisition as part of revised agreement talks.
• OpenAI has offered Microsoft a 33 % stake in a restructured Public Benefit Corporation if it ends Azure exclusivity, gives up future profit rights and exempts Windsurf’s technology from IP claims.
• Under a 2023 agreement, Microsoft retains substantial control over OpenAI’s restructuring and entitlement to technology acquired through its acquisitions.
• To reduce its dependency on Microsoft, OpenAI has secured computing deals with CoreWeave and Oracle and is nearing an agreement with Google Cloud.