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1. johnwh+(OP)[view] [source] 2023-11-18 01:06:08
I’m not saying there is lack of truth. I’m saying that’s not the real reason. It could be there’s a scandal to be found, but my guess is the hostility from OpenAI is just preemptive.

There’s really no nice way to tell someone to fuck off from the biggest thing. Ever.

replies(2): >>lenerd+z4 >>anigbr+R6
2. lenerd+z4[view] [source] 2023-11-18 01:32:23
>>johnwh+(OP)
I mean I'm not a lawyer (of the big city or simple country varieties, or any other variety) but if you talk to most HR people they'll tell you that if they ever get a phone call from a prospective employer to confirm details about someone having worked there previously, the three things they'll typically say are:

1) a confirmation of the dates of employment

2) a confirmation of the role/title during employment

3) whether or not they would rehire that person

... and that's it. The last one is a legally-sound way of saying that their time at the company left something to be desired, up to and including the point of them being terminated. It doesn't give them exposure under defamation because it's completely true, as the company is fully in-charge of that decision and can thus set the reality surrounding it.

That's for a regular employee who is having their information confirmed by some hiring manager in a phone or email conversation. This is a press release for a company connected to several very high-profile corporations in a very well-connected business community. Arguably it's the biggest tech exec news of the year. If there's ulterior or additional motive as you suggest, there's a possibility Sam goes and hires the biggest son-of-a-bitch attorney in California to convince a jury that the ulterior or additional motive was _the only_ motive, and that calling Sam a liar in a press release was defamation. As a result, OpenAI/the foundation, would probably be paying him _at least_ several million dollars (probably a lot more) for making him hard to hire on at other companies.

Either he simply lied to the board and that's it, or OpenAI's counsel didn't do their job and put their foot down over the language used in the press release.

replies(2): >>wavemo+Z9 >>satvik+WO
3. anigbr+R6[view] [source] 2023-11-18 01:46:25
>>johnwh+(OP)
John, I don't think you understand how corporate law departments work. It's not like a romantic or friend breakup where someone says a mean remark about the other to underline that it's over; there's a big legal risk to the corporate entity from carelessly damaging someone's reputation like that, so it's smarter to just keep the personality/vision disagreements private and limit public statements to platitudes.
replies(3): >>johnwh+k9 >>svnt+1k >>willia+Nq
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4. johnwh+k9[view] [source] [discussion] 2023-11-18 02:01:25
>>anigbr+R6
Please don’t patronize me. It indeed looks like the press release from OpenAI is under scrutiny. What you fail to understand is human nature and the way people really do things ^TM

https://twitter.com/karaswisher/status/1725685211436814795

replies(2): >>majorm+za >>anigbr+Rf
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5. wavemo+Z9[view] [source] [discussion] 2023-11-18 02:04:51
>>lenerd+z4
Someone at OpenAI hates the man's guts. It's that simple.

Even with very public cases of company leaders who did horrible things (much worse than lying), the companies that fired them said nothing officially. The person just "resigned". There's just no reason open up even the faintest possibility of an expensive lawsuit, even if they believe they can win.

So yeah, someone definitely told the lawyers to go fuck themselves when they decided to go with this inflammatory language.

replies(4): >>lenerd+Ra >>rootus+bc >>static+Qg >>adastr+8J
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6. majorm+za[view] [source] [discussion] 2023-11-18 02:07:26
>>johnwh+k9
One imagines "human nature" cuts both ways here - sometimes damage control is just damage control.
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7. lenerd+Ra[view] [source] [discussion] 2023-11-18 02:09:36
>>wavemo+Z9
Well, for their sake, I hope they either issue a retraction soon, have good lawyers and documentation of their decision, or Sam turns out to be a forgiving person.

I wouldn't put money on the last one, though.

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8. rootus+bc[view] [source] [discussion] 2023-11-18 02:20:35
>>wavemo+Z9
I don't know that this is always the case. For example, when BK was forced to resign from Intel, the board's announcement was quite specific on why.
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9. anigbr+Rf[view] [source] [discussion] 2023-11-18 02:54:27
>>johnwh+k9
I'm not patronizing you, I'm just responding on the same level as the post I replied to. There's an endless supply of examples of corporate/legal decisions and communication being made on very different criteria from interpersonal interactions.

Of course the press release is under scrutiny, we are all wondering What Really Happened. But careless statements create significant legal (and thus financial) risk for a big corporate entity, and board members have fiduciary responsibilities, which is why 99.99% of corporate communications are bland in tone, whatever human drama may be taking place in conference rooms.

replies(1): >>Jerrrr+ip
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10. static+Qg[view] [source] [discussion] 2023-11-18 03:01:53
>>wavemo+Z9
You can't say a person resigned if they refused to resign, correct? If the person says they refuse to resign you have to fire them. So that's one scenario where they would have to say they fired him.

You also wouldn't try to avoid a lawsuit if you believed (hypothetically) it was impossible to avoid a lawsuit.

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11. svnt+1k[view] [source] [discussion] 2023-11-18 03:24:21
>>anigbr+R6
None of these people seem to be typical corporate board members, except maybe Altman.
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12. Jerrrr+ip[view] [source] [discussion] 2023-11-18 04:05:27
>>anigbr+Rf
>John

>I'm not patronizing you

(A)ssuming (G)ood (F)aith, referring to someone online by their name, even in an edge case where their username is their name, is considered patronizing as it is difficult to convey a tone via text medium that isn't perceived as a mockery/veiled threat.

This may be a US-internet thing; analogous to getting within striking distance with a raised voice can be a capital offense in the US, juxtaposed to being completely normal in some parts of the Middle East.

replies(2): >>lijok+3A >>14u2c+8V
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13. willia+Nq[view] [source] [discussion] 2023-11-18 04:16:38
>>anigbr+R6
What’s the legal risk? Their investors sue them for..? Altman sues for..?

How is the language “we are going our separate ways” compared with “Mr. Altman’s departure follows a deliberative review process by the board, which concluded that he was not consistently candid in his communications with the board, hindering its ability to exercise its responsibilities. The board no longer has confidence in his ability to continue leading OpenAI” going to have a material difference in the outcome of the action of him getting fired?

How do the complainants show a judge and jury that they were materially harmed by the choice of language above?

replies(2): >>lenerd+Mx >>adastr+vJ
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14. lenerd+Mx[view] [source] [discussion] 2023-11-18 05:05:18
>>willia+Nq
The legal risk comes if Altman decides he wants a similar job and can't find it over the next few months or years, and has reason to believe that OpenAI's statements tainted his reputation.

OpenAI's board's press release could very easily be construed as "Sam Altman is not trustworthy as a CEO", which could lead to his reputation being sullied among other possible employers. He could argue that the board defamed his reputation and kept him from what was otherwise a very promising career in an unfathomably lucrative field.

replies(1): >>edgyqu+Kz
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15. edgyqu+Kz[view] [source] [discussion] 2023-11-18 05:19:19
>>lenerd+Mx
It’s not defamation if it’s true
replies(2): >>lenerd+KC >>adastr+BJ
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16. lijok+3A[view] [source] [discussion] 2023-11-18 05:21:13
>>Jerrrr+ip
> referring to someone online by their name is considered patronizing

This has to be a joke, right?

replies(6): >>jrockw+BB >>jholma+HJ >>tsimio+oN >>TeMPOr+aP >>oooyay+pP >>jlpom+Os1
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17. jrockw+BB[view] [source] [discussion] 2023-11-18 05:34:28
>>lijok+3A
I don't think it's a joke. I would find it patronizing unless I'm already on a first name basis with the commenter through some prior relationship.
replies(3): >>EFreet+oC >>Fillig+YN >>lijok+Mk1
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18. EFreet+oC[view] [source] [discussion] 2023-11-18 05:40:35
>>jrockw+BB
It happened to me recently on a list where I post under my real name, and yes, it's irritating, especially if it is someone you never met, and they are disagreeing with you.
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19. lenerd+KC[view] [source] [discussion] 2023-11-18 05:42:35
>>edgyqu+Kz
Truth is subjective and if there is anything that could suggest other motive, as I said earlier, it would be open to interpretation by a jury.

Really they should have just said something to the effect of, "The board has voted to end Sam Altman's tenure as CEO at OpenAI. We wish him the best in his future endeavors."

replies(1): >>watwut+GV
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20. adastr+8J[view] [source] [discussion] 2023-11-18 06:40:05
>>wavemo+Z9
> So yeah, someone definitely told the lawyers to go fuck themselves when they decided to go with this inflammatory language.

You're assuming they even consulted the lawyers...

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21. adastr+vJ[view] [source] [discussion] 2023-11-18 06:43:51
>>willia+Nq
How much total compensation could Altman have gotten from another company, if not for this slander? Yeah no one knows for sure, but how much could he argue? He's a princeling of Silicon Valley, and just led a company from $0 to $90 billion dollars. I'm guessing that's going to be a very, very big number.

Unless OpenAI can prove in a court of law that what they said was true, they're on the hook for that amount in compensation, perhaps plus punitive damages and legal costs.

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22. adastr+BJ[view] [source] [discussion] 2023-11-18 06:44:42
>>edgyqu+Kz
The onus is on OpenAI to prove that in a court of law, in front of a jury.
replies(1): >>tsimio+ZM
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23. jholma+HJ[view] [source] [discussion] 2023-11-18 06:45:40
>>lijok+3A
It's not the "online" that's the issue exactly, I think Jerrrry didn't describe it exactly right, but it's still correct. I, too, personally, thought it was very clear that the "John, " was ... I dunno if it was patronizing or what, but marginally impolite or condescending or patronizing or something. Unless, unbeknownst to us, anigbrowl and johnwheeler are old personal associates (probably offline), in which case it would mean "remember that I know you", and the implication of that would depend on the history in the relationship.

I recognize that the above para sort of sounds like I think I have some authority to mediate between them, which is not true and not what I think. I'm just replying to this side conversation about how to be polite in public, just giving my take.

The broad pattern here is that there are norms around how and when you use someone's name when addressing them, and when you deviate from those norms, it signals that something is weird, and then the reader has to guess what is the second most likely meaning of the rest of the sentence, because the weird name use means that the most likely meaning is not appropriate.

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24. tsimio+ZM[view] [source] [discussion] 2023-11-18 07:16:25
>>adastr+BJ
No, the onus would be on Sam Altman to prove that the statement was materially false, AND intended to slander him, AND actually succeeded in affecting his reputation.

When you're a public person, the bar for winning a defamation case is very high.

replies(1): >>rich_s+651
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25. tsimio+oN[view] [source] [discussion] 2023-11-18 07:20:15
>>lijok+3A
Perhaps the wording here is a bit confusing, but I think it's unambiguous that responding to a comment using the commenter's name ("John, you misunderstand") comes off as patronizing.

The commenter above doesn't mean that any reference to someone else by name ("Sam Altman was fired") is patronizing.

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26. Fillig+YN[view] [source] [discussion] 2023-11-18 07:25:37
>>jrockw+BB
Really? Referring to someone by first name is perfectly ordinary where I’m from, regardless of relationship. If someone doesn’t want me to do that, I’d expect them to introduce themselves as “Mr. so-and-so”, instead.
replies(2): >>TeMPOr+oP >>jrockw+vQ
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27. satvik+WO[view] [source] [discussion] 2023-11-18 07:35:25
>>lenerd+z4
There is no legal justification for ever saying those dates, much less their department and role. I have never heard of any HR department saying anything of the sort, even if this is an oft-quoted meme of HR. I suspect you have actually never worked in HR to provide such statements, you are merely speculating.
replies(1): >>lenerd+mY3
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28. TeMPOr+aP[view] [source] [discussion] 2023-11-18 07:37:41
>>lijok+3A
No. More than that, comes off as patronizing to start a comment with the other person's first name when speaking, off-line, face-to-face, unless you're their spouse, parent, or in some other close relationship.
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29. TeMPOr+oP[view] [source] [discussion] 2023-11-18 07:41:05
>>Fillig+YN
It's not the first name alone, it's also the sentence structure. "Hey John, did you hear about..." sounds perfectly normal even when talking on-line to strangers. "John, you misunderstand..." is appropriate if you're their parent or spouse or otherwise in some kind of close relationship.
replies(1): >>jrockw+zQ
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30. oooyay+pP[view] [source] [discussion] 2023-11-18 07:41:06
>>lijok+3A
No. Look at examples where people hurl veiled threats at dang. They almost always use his real first name. It's a form of subtle intimidation. That kind of intimidation, whether the users real name is incorporated into their username in some way or they're using other open source intel goes back to the early days of the internet.
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31. jrockw+vQ[view] [source] [discussion] 2023-11-18 07:50:33
>>Fillig+YN
In person, sure, that's totally normal. It's unusual on a forum for a few reasons:

1) The comments are meant to be read by all, not just the author. If you want to email the author directly and start the message with a greeting containing their name ("hi jrockway!"), or even just their name, that's pretty normal.

2) You don't actually know the person's first name. In this case, it's pretty obvious, since the user in question goes by what looks like <firstname><lastname>. But who knows if that's actually their name. Plenty of people name their accounts after fictional people. It would be weird to everyone if your HN comment to darthvader was "Darth, I don't think you understand how corporate law departments work." Darth is not reading the comment. (OK, actually I would find that hilarious to read.)

3) Starting a sentence with someone's name and a long pause (which the written comma heavily implies) sounds like a parent scolding a child. You rarely see this form outside of a lecture, and the original comment in question is a lecture. You add the person's name to the beginning of the comment to be extra patronizing. I know that's what was going on and the person who was being replied to knows that's what was going on. The person who used that language denies that they were trying to be patronizing, but frankly, I don't believe it. Maybe they didn't mean to consciously do it, but they typed the extra word at the beginning of the sentence for some reason. What was that reason? If to soften the lecture, why not soften it even more by simply not clicking reply? It just doesn't add up.

4) It's Simply Not Done. Open any random HN discussion, and 99.99% of the time, nobody is starting replies with someone's name and a comma. It's not just HN; the same convention applies on Reddit. When you use style that deviates from the norm, you're sending a message, and it's going to have a jarring effect on the reader. Doubly jarring if you're the person they're naming.

TL;DR: Don't start your replies with the name of the person you're replying to. If you're talking with someone in person, sure, throw their name in there. That's totally normal. In writing? Less normal.

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32. jrockw+zQ[view] [source] [discussion] 2023-11-18 07:51:38
>>TeMPOr+oP
You have explained this much more concisely than me.
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33. 14u2c+8V[view] [source] [discussion] 2023-11-18 08:33:09
>>Jerrrr+ip
Jerrrry, thank you for your opinion.
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34. watwut+GV[view] [source] [discussion] 2023-11-18 08:37:12
>>lenerd+KC
Meh, they don't need to prove that much. It would be Altman that had to prove a lot, because the law favors defendant in this situation. To protect the speech, actually.
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35. rich_s+651[view] [source] [discussion] 2023-11-18 10:01:51
>>tsimio+ZM
I don't know. The board statement, peeling away the pleasantries, says he lied to the board repeatedly. That's a very serious accusation. I don't know how US law works here, but in the UK you can sue and win over defamation for far milder infractions.
replies(1): >>tsimio+td1
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36. tsimio+td1[view] [source] [discussion] 2023-11-18 11:10:46
>>rich_s+651
Even in the UK, if you sue, it is on you to prove that you didn't lie, not on the person you're sueing to prove that you did.

Also, as long as you are a public person, defamation has a very high bar in the USA. It is not enough to for the statement to be false, you have to actually prove that the person you're accusing of defamation knew it was false and intended it to hurt you.

Note that this is different from an accusation of perjury. They did not accuse Sam Altman of performing illegal acts. If they had, things would have been very different. As it stands, they simply said that he hasn't been truthful to them, which it would be very hard to prove is false.

replies(2): >>rich_s+oe1 >>notaha+Lu1
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37. rich_s+oe1[view] [source] [discussion] 2023-11-18 11:18:01
>>tsimio+td1
In a specific case, perhaps. But surely, I can't go out, make a broad statement like, "XYZ is a liar and fornicator" and leave it there. And how would XYZ go around proving they are not a liar and fornicator? Talk to everyone in the world and get them to confirm they were not lied to or sexually involved?

Surely, at some level, you can be sued for making unfounded remarks. But then IANAL so, meh.

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38. lijok+Mk1[view] [source] [discussion] 2023-11-18 12:03:51
>>jrockw+BB
Is it the first name or the personal touch that would make you feel patronized? What if you read a reply “… a 24 year old, such as yourself, will know …”.
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39. jlpom+Os1[view] [source] [discussion] 2023-11-18 13:02:29
>>lijok+3A
- it means you answer more to the person than its argument (ad hominem) - it is uneccessary and 9/10 when used for a disagreement, especially at the beginning of a response, it is meant to be patronizing.
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40. notaha+Lu1[view] [source] [discussion] 2023-11-18 13:15:53
>>tsimio+td1
> Even in the UK, if you sue, it is on you to prove that you didn't lie, not on the person you're sueing to prove that you did.

No, in the UK it's unambiguously the other way round. The complainant simply has to persuade the court that the statement seriously harmed or is likely to seriously harm their reputation. Truth is a defence but for that defence to prevail the burden of proof is on the defendant to prove that it was true (or to mount an "honest opinion" defence on the basis that both the statement would reasonably be understood as one of opinion rather than fact and that they did honestly hold that opinion)

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41. lenerd+mY3[view] [source] [discussion] 2023-11-19 03:56:16
>>satvik+WO
This was an answer given to me by a VP of HR last month.
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