OpenAI Stays A Nonprofit — For Now
After much criticism, OpenAI reaffirms its nonprofit governance structure.

OpenAI, the organization known for shepherding in the artificial intelligence boom, has recently announced a significant decision to maintain its nonprofit governance structure. This move comes after a series of legal challenges and ethical considerations that questioned the alignment of its operations with its foundational mission.
Founded in December 2015, OpenAI was established with the mission to build an artificial general intelligence (AGI) that benefits all of humanity. In 2019, the organization transitioned to a "capped" for-profit model, creating OpenAI LP, a limited partnership designed to attract capital while adhering to its mission. This structure allowed OpenAI to offer equity to investors and employees, aiming to compete effectively in the rapidly evolving AI sector.
Legal Challenges and Ethical Concerns
The shift to a for-profit model attracted scrutiny from various stakeholders. Notably, co-founder Elon Musk filed a lawsuit alleging that OpenAI had deviated from its original mission, constituting fraud. A California judge permitted the lawsuit to proceed, highlighting the legal complexities surrounding OpenAI's governance changes.
Additionally, a group of prominent AI experts and ethicists urged the Attorneys General of California and Delaware to block OpenAI's proposed shift to a fully for-profit model, arguing that it would compromise the organization's founding mission.
The Response
In response to these challenges, OpenAI has decided to revert to its original nonprofit governance structure. CEO Sam Altman and Board Chairman Bret Taylor announced that the nonprofit will retain control over the organization, while its for-profit arm will be restructured into a Public Benefit Corporation (PBC). This hybrid model aims to balance the need for capital infusion with the commitment to ethical AI development.
OpenAI's decision to maintain nonprofit control underscores the ongoing debate between profit-driven motives and ethical responsibilities in AI development. By adopting a PBC structure, OpenAI seeks to attract necessary investments while ensuring that its advancements in AI align with its mission to benefit humanity. This approach may set a precedent for other organizations in the AI sector, highlighting the importance of governance structures that prioritize ethical considerations alongside financial objectives.
In other words, OpenAI's reaffirmation of its nonprofit governance reflects a strategic response to legal pressures and ethical debates within the AI community. By restructuring its for-profit arm into a PBC, OpenAI aims to navigate the complexities of funding and innovation while upholding its foundational mission to develop AGI that benefits all of humanity.