Tyler Whitmer, a lawyer representing Encode, a nonprofit that filed an amicus brief in the case arguing that OpenAI’s for-profit conversion could jeopardize AI safety, told TechCrunch that Judge Rogers’ decision puts a “cloud” of regulatory uncertainty over OpenAI’s board of directors. Attorneys general in California and Delaware are already investigating the transition, and the concerns Judge Rogers raised could embolden them to probe more aggressively, Whitmer said.
There were some wins for OpenAI in Judge Rogers’ ruling.