IANAL but I believe it would be legal for OpenAI (which is a nonprofit) and Anthropic (which is a public benefit corporation).
I don’t think it is known whether it would be legal for a for-profit because there’s no precedent.
“Sorry, we wish we could’ve not killed everyone, but we had to uphold our fiduciary duty” is a really weak defense.
There are some kinds of lawbreaking that I would not endorse (e.g. violence) but I have no hard line against violating fiduciary duty.
(In general, you should abide by your fiduciary duty, but there are some ethical prescriptions that weigh more heavily, and I think this is widely recognized in many contexts. For example whistleblowers who expose companies’ unethical behavior are violating their fiduciary duty because exposing bad behavior reduces profit.)
IANAL but I believe it would be legal for OpenAI (which is a nonprofit) and Anthropic (which is a public benefit corporation).
I don’t think it is known whether it would be legal for a for-profit because there’s no precedent.
“Sorry, we wish we could’ve not killed everyone, but we had to uphold our fiduciary duty” is a really weak defense.
There are some kinds of lawbreaking that I would not endorse (e.g. violence) but I have no hard line against violating fiduciary duty.
(In general, you should abide by your fiduciary duty, but there are some ethical prescriptions that weigh more heavily, and I think this is widely recognized in many contexts. For example whistleblowers who expose companies’ unethical behavior are violating their fiduciary duty because exposing bad behavior reduces profit.)
xAI is apparently also a PBC, which I didn’t know beforehand.