It is more than just briefs. Amici curiae means ‘friends of the court’. They are only permitted either by consent of all the actual parties or upon application if the court decides that the prospective amici offers a unique legal perspective. The parties to the litigation are given wide discretion to call witnesses, so you don’t need to be an amici for that, just subpoenaed and tendered.
Encode successfully navigated this, by not offering facts (who did what, and when), since they don’t have any first-hand knowledge of the facts. What they offered, according to their brief (which is attached as a sechedule to the “main document” for document 72), was their philosophical and technical perspective, particularly as a public body concerned with AI safety vis a vis the change in structure of OpenAI.
If you read through the two proposed briefs, they are night and day. Encode describes the interest that the public might have in OpenAI continuing under its present structure, compared to transitioning to a for-profit enterprise, the risk of AI, and why it should be avoided. The employee brief recounts meetings, memos, and who was making promises.
In a very abstract way, Encode is basically saying that the transition shouldn’t proceed because it would be bad for society and humanity. This is a perspective that isn’t captured by either Musk or OpenAi/Microsoft. The employees tried to say that OpenAI and Altman made promises to them, and those promises should be kept, which is almost entirely factual. What little non-factual element might remain in the employee brief is essentially in line with Musk’s argument, so they offer nothing unique that would assist the court.
Encode successfully navigated this, by not offering facts (who did what, and when), since they don’t have any first-hand knowledge of the facts. What they offered, according to their brief (which is attached as a sechedule to the “main document” for document 72), was their philosophical and technical perspective, particularly as a public body concerned with AI safety vis a vis the change in structure of OpenAI.
Didn’t the Encode brief do stuff like quote public opinion polls? Sure they characterize it as offering a philosophical perspective (how it would be called “technical” I’m not sure) but to me it came across as basically asserting policy rather than legal arguments. Sure there is a consideration of the public interest for the preliminary injunction but the overall feel to me was very much policy rather than legal arguments. I also don’t think you’re necessarily applying this standard evenly to both briefs. The ex-OpenAI brief I think can be seen in a similar way, it just brings in additional pieces of evidence to make that case.
If you read through the two proposed briefs, they are night and day. Encode describes the interest that the public might have in OpenAI continuing under its present structure, compared to transitioning to a for-profit enterprise, the risk of AI, and why it should be avoided. The employee brief recounts meetings, memos, and who was making promises.
In my view the high-level arguments of both briefs are the same in that they argue that having actual control of future AI systems residing with a non-profit is in the public interest. It’s just that the ex-OpenAI brief brings in more information for purposes of suggesting that such a belief was not uncommon among OpenAI employees and that we might reasonable view OpenAI to have committed to such a thing and understood this to be consistent with its charitable purpose. I could see how that might not be relevant to the case since it doesn’t necessarily go to Musk’s reliance, so perhaps it makes sense to not muddy the waters with it, but I don’t think its the case that the ex-OpenAI brief somehow lacked any relevance if we assume the Encode brief was relevant.
In a very abstract way, Encode is basically saying that the transition shouldn’t proceed because it would be bad for society and humanity. This is a perspective that isn’t captured by either Musk or OpenAi/Microsoft.
This is relevant because its a factor for preliminary injunction purposes. I haven’t gone back and read all the documents, but it would be very surprising to me if Musk didn’t argue that the for-profit transition was contrary to the public interest. Also it seems to me like the ex-OpenAI brief also casts their arguments in these same terms.
The employees tried to say that OpenAI and Altman made promises to them, and those promises should be kept, which is almost entirely factual.
I think the brief is trying to argue that these facts go to the very point you identify the Encode brief as addressing.
It is more than just briefs. Amici curiae means ‘friends of the court’. They are only permitted either by consent of all the actual parties or upon application if the court decides that the prospective amici offers a unique legal perspective. The parties to the litigation are given wide discretion to call witnesses, so you don’t need to be an amici for that, just subpoenaed and tendered.
Encode successfully navigated this, by not offering facts (who did what, and when), since they don’t have any first-hand knowledge of the facts. What they offered, according to their brief (which is attached as a sechedule to the “main document” for document 72), was their philosophical and technical perspective, particularly as a public body concerned with AI safety vis a vis the change in structure of OpenAI.
If you read through the two proposed briefs, they are night and day. Encode describes the interest that the public might have in OpenAI continuing under its present structure, compared to transitioning to a for-profit enterprise, the risk of AI, and why it should be avoided. The employee brief recounts meetings, memos, and who was making promises.
In a very abstract way, Encode is basically saying that the transition shouldn’t proceed because it would be bad for society and humanity. This is a perspective that isn’t captured by either Musk or OpenAi/Microsoft. The employees tried to say that OpenAI and Altman made promises to them, and those promises should be kept, which is almost entirely factual. What little non-factual element might remain in the employee brief is essentially in line with Musk’s argument, so they offer nothing unique that would assist the court.
Didn’t the Encode brief do stuff like quote public opinion polls? Sure they characterize it as offering a philosophical perspective (how it would be called “technical” I’m not sure) but to me it came across as basically asserting policy rather than legal arguments. Sure there is a consideration of the public interest for the preliminary injunction but the overall feel to me was very much policy rather than legal arguments. I also don’t think you’re necessarily applying this standard evenly to both briefs. The ex-OpenAI brief I think can be seen in a similar way, it just brings in additional pieces of evidence to make that case.
In my view the high-level arguments of both briefs are the same in that they argue that having actual control of future AI systems residing with a non-profit is in the public interest. It’s just that the ex-OpenAI brief brings in more information for purposes of suggesting that such a belief was not uncommon among OpenAI employees and that we might reasonable view OpenAI to have committed to such a thing and understood this to be consistent with its charitable purpose. I could see how that might not be relevant to the case since it doesn’t necessarily go to Musk’s reliance, so perhaps it makes sense to not muddy the waters with it, but I don’t think its the case that the ex-OpenAI brief somehow lacked any relevance if we assume the Encode brief was relevant.
This is relevant because its a factor for preliminary injunction purposes. I haven’t gone back and read all the documents, but it would be very surprising to me if Musk didn’t argue that the for-profit transition was contrary to the public interest. Also it seems to me like the ex-OpenAI brief also casts their arguments in these same terms.
I think the brief is trying to argue that these facts go to the very point you identify the Encode brief as addressing.