Profit or Purpose? OpenAI's $300 Billion Question, with Rose Chan Loui

Profit or Purpose? OpenAI's $300 Billion Question, with Rose Chan Loui

All too often, capitalism is identified with the for-profit sector. However, one organizational form whose importance is often overlooked is nonprofits. Roughly 4% of the American economy, including most universities and hospital systems, are nonprofit.

One prominent nonprofit currently at the center of a raging debate is OpenAI, the $300 billion American artificial intelligence research organization best known for developing ChatGPT. Founded in 2015 as a donation-based nonprofit with a mission to build AI for humanity, it created a complex “hybrid capped profit” governance structure in 2019. Then, after a dramatic firing and re-hiring of CEO Sam Altman in 2023 (covered on an earlier episode of Capitalisn’t: “Who Controls AI?”), a new board of directors announced that achieving OpenAI’s mission would require far more capital than philanthropic donations could provide and initiated a process to transition to a for-profit public benefit corporation. This process has been fraught with corporate drama, including one early OpenAI investor, Elon Musk, filing a lawsuit to stop the process and launching a $97.4 billion unsolicited bid for OpenAI’s nonprofit arm.

Beyond the staggering valuation numbers at stake here–not to mention OpenAI’s open pursuit of profits over the public good–are complicated legal and philosophical questions. Namely, what happens when corporate leaders violate the founding purpose of a firm? To discuss, Luigi and Bethany are joined by Rose Chan Loui, the founding executive director of the Lowell Milken Center on Philanthropy and Nonprofits at UCLA Law and co-author of the paper "Board Control of a Charity’s Subsidiaries: The Saga of OpenAI.” Is OpenAI a “textbook case of altruism vs. greed,” as the judge overseeing the case declared? Is AI for everyone, or only for investors? Together, they discuss how money can distort purpose and philanthropy, precedents for this case, where it might go next, and how it may shape the future of capitalism itself.

Show Notes:

Read extensive coverage of the Musk-OpenAI lawsuit on ProMarket, including Luigi’s article from March 2024: “Why Musk Is Right About OpenAI.”

Guest Disclosure (provided to The Conversation for an op-ed on the case): The authors do not work for, consult, own shares in, or receive funding from any company or organization that would benefit from this article. They have disclosed no relevant affiliations beyond their academic appointment.

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In 1998, the U.S. government filed antitrust charges against Microsoft. Today, with a new Department of Justice antitrust case filed against Google, it's worthwhile to track the eerie similarities between these cases in order to understand how one informs the other and vice versa. In order to walk us through both cases, we invited two people on the show who were on opposing sides of the Microsoft case: Robert Topel Distinguished Service Professor of Economics from the University of Chicago and expert witness for Microsoft, and David Boies, the lawyer who represented the Government in the 98' case.

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Few people have deeply investigated the inner workings of our problematic student debt system. One person who has is Constantine Yannelis, Assistant Professor of Finance at The University of Chicago. With a proposal by the Biden Administration to forgive some portion of student debt possibly on the table, Yannelis takes us behind the curtain of our student loan system to explain why this may not be the best policy and what other options we have available.

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During confirmation hearings for Supreme Court nominees, the debate is always focused on social questions like abortion, but rarely economic questions—the nomination of Amy Coney Barrett was no exception. But the Supreme Court can have a massive influence on our economy and how we conduct business. On this episode, we're joined by appeals lawyer, Roman Martinez, who has personally argued many cases in front of the Court, to interrogate the relationship between the Supreme Court and the economy, and how the new court may rule on business issues.

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This week, another University of Chicago Podcast Network show called "Big Brains" asked Luigi to share his biggest takeaways from the 2020 election. They covered why the polls got the election so wrong, what messages the record turnout send to our politicians, and what Joe Biden may change in the economy. We’re going to share that episode with you this week, and recommend you give Big Brains a listen and subscribe. We hope you enjoy and we’ll see you next week for a new episode of Capitalisn’t!

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It's been 50 years since Milton Friedman's world changing article which argued the only social responsibility of business is to increase profits. Since the Great Financial Crisis, that view has been increasingly challenged. On this anniversary, we revisit Friedman's legacy with New Yorker staff writer and author of "Transaction Man", Nick Lemann. Together, we explain what Friedman got right and what he got wrong about shareholder vs stakeholder capitalism.

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In recent weeks, The Great Barrington Declaration erupted the debate about how best to continue the fight against COVID-19. On this episode, we try to have an honest and difficult conversation about the tradeoffs of different strategies for the future, from lockdowns to herd immunity. We also speak to people on both sides of the aisle: Sunetra Gupta, an epidemiologist from Oxford and one of the signers of The Great Barrington Declaration, and Andy Slavitt, former Acting Administrator of the Centers for Medicare and Medicaid Services under Obama and the host of the In The Bubble Podcast.

22 Okt 202052min

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