The board was Altmans boss - this is pretty much their only job. Altman knew this and most likely ignored any questions or concerns of theirs thinking he is the unfireable superstar
Imagine if your boss fired you - and your response was - I’ll come back if you quit! Yeah, no. People might confuse status with those of actual ceo shareholders like zuck, bezos, or musk. But Altman is just another employee
The shareholders can fire the board, but that’s not what he’s asking for. And so far we haven’t heard anything about them getting fired. So mostly this just seems like an egomaniac employee who thinks he is the company (while appropriating the work of some really really smart data scientists)
I do not believe it is possible for them to have thought this through. I believe they'll have read the governing documents, and even had some good lawyers read them, but no governance structure is totally unambiguous.
Something I'm immensely curious about is whether they even considered that their opposition might look for ways to make them _criminally_ liable.
And, incidentally, if there is a criminal angle that's probably the only place you might possibly find it and it would take the SEC to bring suit: they'd have to prove that one or more of the board members profited from this move privately or that someone in their close circle profited from it. Hm. So maybe there is such an angle after all. Even threatening that might be enough to get them to fold, if any of them or their extended family sold any Microsoft stock prior to the announcement they'd be fairly easy to intimidate.
Don't you think the board must have sought legal counsel before acting? It is more likely than not that they checked with a lawyer whether what they were doing is within their legal rights.
I don't think OpenAI board has any responsibility to care for Microsoft's stock price. Such arguments won't hold water in a court of law. And I don't think the power of Microsoft's legal department would matter when there's no legal basis.
They probably should have, but they may have not.
> It is more likely than not that they checked with a lawyer whether what they were doing is within their legal rights.
It is. But having the legal rights to do something and having it stand unopposed are two different things and when one of the affected parties is the proverbial 900 pound Gorilla you tread more than carefully and if you do not you can expect some backlash. Possibly a lot of backlash.
> I don't think OpenAI board has any responsibility to care for Microsoft's stock price.
Not formally, no. But that isn't what matters.
> Such arguments won't hold water in a court of law.
I'll withhold comment on that until I've seen the ruling. But what does and does not hold water in a court of law unless a case is extremely clear cut isn't something to bet on. Plenty of court cases that have been won because someone managed to convince a judge of something that you and I may think should not have happened.
> And I don't think the power of Microsoft's legal department would matter when there's no legal basis.
The idea here is that Microsofts - immense - legal department has the resources to test your case to destruction if it isn't iron-clad. And it may well not be. Regardless, suing the board members individually is probably threat enough to get them to back down instantly.