Elon Musk’s Battle to Buy OpenAI, Five Crucial Insights from His Offer Letter

In the life of tech billionaires, the drama tends to arise sooner than a software update. Musk’s next move is all about bidding to the tune of nearly $97 billion to reclaim OpenAI, a company he once championed but is now suing. While OpenAI CEO, Sam Altman brushed his offer aside, the court filings reveal Musk’s detailed offer to tell the whole saga, including lawsuits, power wrangling, and strategic chess moves that have entangled two of the most powerful names in the AI Industry.

An investment syndicate led by Elon Musk’s xAI has proposed an unlikely offer of $97.4 billion to acquire OpenAI. Altman has anyway very quickly declared the offer as impossible because it is seen as a method to block OpenAI from making nonprofit transition, an action in which Musk is also challenging with his own suit. In a legal filing on Wednesday, Altman’s team argued that Musk’s position is contradictory, attempting to buy the assets of OpenAI while also trying to prevent its conversion to nonprofit.

Musk’s team countered that they would withdraw the offer if OpenAI’s efforts to move away from its nonprofit status ceased. Musk’s entire letter of intent to buy open AI was published as part of this legal turmoil, this opened up a broader understanding of his plan and motivation.

The five key details from Musk’s Offer Letter are following;

1. Deadline for the Offer:

A definite expiration date for May 10, 2025, is that of the unsolicited bid by Musk’s consortium. It goes off the track only if the parties to the interests finalize the deal, or they mutually decide to terminate discussions, or if OpenAI explicitly rejects the offer in writing.

Altman has publicly dismissed such offers (including a humorous counter offer to buy X at tenth of the price) but OpenAI has yet to issue an official rejection statement. Even offers between competitors must get consideration before being outright dismissed due to legal requirements.

2. Cash Transaction:

Musk’s financing group with notable venture capitalists like Joe Lonsdale’s 8VC and SpaceX investor Vy Capital has offered just $97.375 billion in cash. This is because, in the past, he has borrowed money to finance such acquisitions, like the $13 billion borrowed from banks to acquire twitter in 2022, and though self-proclaimed as having a fortune of about $400 billion, mostly raised by a boost from Donald Trump, it was not disqualified from consideration. Interestingly, the letter mentions seven investors, including Musk’s x.AI, alongside others unnamed, implying that Musk is not relying solely upon his wealth to finance the deal.

3. Access to all Financial and Operational Data:

The consortium of Musk demands full access to OpenAI’s financial records, assets, employees, and business operations before it commits a ginormous buy. “Assets, facilities, equipment, books, and records” is mentioned in the letter to indicate such needs.

This stress has indeed been caused, given that the said due diligence is normal in major transactions for such things, as making an acquisition review that is much more compelling opens it up to very internal and state of the art sensitive knowledge that might be a possible conflict of interest based on xAI’s having a direct market competitive claim in OpenAI to gain such level of access.

4. Undermining Musk’s Lawsuit:

Musk’s legal battle against OpenAI revolves around his contention that OpenAI’s assets can never be “transferred away” for private gain. However, in a filing on Wednesday, the lawyers for OpenAI pointed out that Musk’s offer contradicts this claim and emphasized that he is making an offer to dispose of an acquisition effort just to weaken a competitor. They said, “The offer isn’t serious, but an improper bid to undermine a competitor.”

According to OpenAI, the offer is not genuine and was strategically timed to complicate its privatization. Musk’s camp insisted otherwise, claiming that the bid was legitimate and that funding would be funneled straight into OpenAI’s nonprofit purpose.

5. Musk’s withdrawal from the offer:

Musk’s legal team stated that if the board of OpenAI decides not to convert into non-profit operation, he would withdraw the offer. More speculation would be reinforced with this statement that Musk’s bid was not aimed at buying OpenAI altogether but only bumping up the figure that would make Altman and other top executives acquire the company privately.

OpenAI board legal representative dismissed such an offer from Musk and said, “Musk’s bid doesn’t set a value for [OpenAI’s] non-profit and that the nonprofit is not for sale”.

The Repercussions:

This adds to the already complicated legal and financial drama over OpenAI, which is still far from being resolved. The rejection of the bid from OpenAI would give Musk the further ground to challenge the legitimacy of its nonprofit conversion. On the other hand, if OpenAI accepts or considers the offer, it risks getting into trouble over its governance. Either way, whether Musk’s offer is a genuine attempt to acquire OpenAI or just a tactic within his legal showdown, it has put OpenAI in a difficult position.

Truly, one wonders, whether the billionaire indeed wants to acquire OpenAI or is using the bid as a bluff or a feint to disrupt its transition into nonprofit status. Well, one thing is clear, it isn’t merely a corporate dispute rather it’s the critical moment of evolution regarding what artificial intelligence is and what big tech makes it into in the future. As both continue their game of legal and financial chess, the world waits to see who blinks first.

Read More: OpenAI Drops o3 AI Model to Unify AI Strategy with Game-Changing GPT-5

Elon Musk’s $97.4B Bid for OpenAI Sparks Controversy and Industry Shockwaves

Artificial intelligence is on its way to an advanced level day by day. Speaking of advanced, there can be none more audacious than Musk’s new initiative. He is making an incredulous $97.4 billion bid for OpenAI. This stirred up the tech industry with shock waves and the rest of the tech world is understandably confused, seeing as how OpenAI’s board states that it has not received a formal offer.

The feud between Elon Musk and OpenAI has taken another turn this week, as sources reveal the OpenAI board has yet to receive a formal takeover offer by the billionaire consortium. However, Musk’s lawyers assert that the offer was sent, and OpenAI stands firm that the nonprofit operating ChatGPT is not for sale.

The Bid:

The day after Musk publicly made his offer of $97.4 billion to buy OpenAI, doubts remained as to whether the board has even seen it or not. An anonymous source close to the situation alleged that OpenAI’s board has not received a formal offer, contradicting claims made by Musk’s attorney, Marc Toberoff. Toberoff asserts that a bid in the form of a four-page Letter of Intent was sent via email to OpenAI’s outside counsel at Wachtell, Lipton, Rosen & Katz. The law firm, however, has yet to confirm or deny receipt of the document. Toberoff said, “The bid – attached to an email – was in the form of a detailed four-page Letter of Intent to purchase OpenAI’s assets, signed by Musk and other investors and addressed to the board”. He further emphasized, referring to OpenAI’s CEO, “Whether Sam Altman chose to provide or withhold this from OpenAI’s other Board members is outside of our control”.

OpenAI CEO Sam Altman fiercely refuted Musk’s proposal. Addressing the audience at an AI summit in Paris, Altman dismissed the bid as “ridiculous,” arguing that OpenAI’s nonprofit side is not for sale. Altman said, referring to Musk, “The Company is not for sale. It’s another one of his tactics to try to mess with us”. This suggested that Musk’s bid was more for disruption than legitimate acquisition.

OpenAI’s Transformation:

Co-organized by Musk, OpenAI was inaugurated in 2015, a non-profit with the mission of being engaged in enlightened development of AI. Musk parted ways from the company because of disagreement over the vision and funding mechanisms. Since then, OpenAI has grown into one of the most prestigious destinations in AI, raising billions in its for-profit transformation.

OpenAI now finds itself in a maze of legal and regulatory cobwebs as it seeks to raise $40 billion while moving from the status of a non-profit to a capped-profit one. The attorney general of Delaware, Kathy Jennings, is looking into whether or not OpenAI’s transformation into a profit-oriented organization fits the aim for charitable operation it was designed for, thus preventing the current leadership from pursuing commercial objectives instead of benefitting the general public. She said, “I am reviewing OpenAI’s proposed changes to ensure the company is adhering to its specific charitable purposes for the benefit of the public beneficiaries, as opposed to the commercial or private interests of OpenAI’s directors or partners.”

Meanwhile, Musk’s startup is establishing its own AI project through promoting xAI as a competitor to OpenAI. The recent attempt to acquire OpenAI now throws a wrench into ongoing discussions on OpenAI’s valuation and fair market value for assets held by the nonprofit.

Challenges and Market Implications:

Legal experts remained certain that Musk’s offer would indirectly create an asset price for OpenAI’s nonprofit status. Robert Weissman, Co-President of consumer rights group, Public Citizen, pointed out that regulators would be obliged to ensure that any dismantling of these assets takes place at fair market value should OpenAI’s nonprofit entity decide to obtain control of the process. Weissman said, “It does help set a price point for the thinking about the valuation of the nonprofit assets. If it were to occur as proposed, the regulators have a duty to ensure that if there’s a selloff of assets to a for-profit entity, that fair market value is obtained.”

In the meantime, amidst the present volatility, OpenAI is put in a situation to get funding for financing and push AI research forward. Right now, Altman’s message to Musk is definitely no offers whatsoever for the purchase of OpenAI, regardless of whatever price it puts on the table.

Musk sees himself as the rightful steward of AI’s future, while OpenAI stands firm on independence and funding for future progress. Whether this standoff escalates into legal battles, under regulatory scrutiny, or with another surprising turn remains to be seen. One thing is for sure, the future of AI is equally about corporate power plays as technological breakthroughs.

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OpenAI CEO, Sam Altman is fascinated with DeepSeek R1 model

Sam Altman applauds the new AI competitor:

Let’s enter into a much more affordable AI era, which is indeed good news for AI users and perhaps bad news for AI competitors. OpenAI CEO Sam Altman has recently praised the Chinese AI startup DeepSeek R1 model as remarkable. DeepSeek recently emerged and is selling its system for roughly $15 to $100, demonstrating its affordability and high-performance commitment compared to OpenAI on its platforms. Not only is its cost-friendly attribute gaining global attention, but its DeepSeek-V3 model variant has also been trained using Nvidia’s lower capacity H800 chips, which are under $6 million, and is making headlines.  Altman on X applauds DeepSeek R1, the newly launched WeChat version, for its low cost, as R1 is said to be 20 to 50 times cheaper than OpenAI’s o1 model and possesses high performance. OpenAI, on the other hand, emphasized that computing power was crucial for its success and acknowledged the critical need for high computing power to advance AI.

DeepSeek’s launch has raised concerns about the significant investments of U.S. tech giants in AI technology. As Nvidia’s stock price falls, the market could be redirected towards low-cost AI choices like DeepSeek R1 in the future. DeepSeek indicates the growing awareness and affordability of innovative and cost-effective solutions in the highly competitive AI field. OpenAI continues to execute its research plan and refine the importance of developing and innovating to achieve its mission.

Read More: OpenAI Faces Loss Due to Excessive ChatGPT Pro Usage