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Chronicles

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Report: OpenAI sees a clause in its Microsoft contract, which cuts off Microsoft's access to OpenAI tech if OpenAI develops AGI, as a path to a better contract

The New York Times on Thursday published a look at the “fraying” relationship between OpenAI and its investor, partner, and …

TechCrunch Connie Loizos

Context & Ripple Effects

This report follows contemporaneous accounts of a fraying partnership in which OpenAI was already seeking more computing power while Microsoft was pursuing its own large-language-model work, making the AGI provision a concrete negotiating lever rather than a theoretical safeguard. See the earlier account of the partners' widening operational tensions.

The clause became a durable point of contention: later coverage said OpenAI was considering removing the access cutoff to preserve Microsoft investment, and still later reported that the companies removed an IP-rights provision while extending model use. That arc underscores how access rights, capital, and compute became intertwined in the partnership.

First-order effects

  • OpenAI gains bargaining leverage in contract talks because an AGI determination could limit Microsoft's access to its technology under the existing agreement.
  • Microsoft faces a contractual dependency: continued access to OpenAI technology is tied to terms that OpenAI reportedly believes it can use to seek a better deal.

Second-order effects

  • Negotiations are likely to center more directly on computing capacity, investment and post-threshold technology access, rather than on a simple supplier-partner arrangement.
  • Microsoft has added incentive to reduce reliance on a single partner's models, consistent with the reported emergence of its own LLM efforts in the earlier coverage of the partnership dispute.

Third-order effects

  • If such provisions persist, AGI definitions and the authority to declare a threshold can become core commercial control points, determining who retains access to strategically important models.
  • The episode points toward AI partnerships being governed increasingly through bespoke access and IP terms; whether that produces clearer alignment or recurring renegotiation depends on how jointly those thresholds are defined.

The trend: Frontier-AI alliances are evolving from capital-and-cloud partnerships into negotiations over who controls model access when capabilities cross contractual thresholds.

Discussion

  • @mms@mastodon.bsd.cafe @mms@mastodon.bsd.cafe on mastodon
    I want my work contract to include “If if ever gain the power of levitation, I will no longer be employed by employer”  —  https://techcrunch.com/...
  • @marypcbuk.bsky.social Scary Mary Branscombe on bluesky
    seriosuly, if OpenAI thinks Microsoft was born yesterday and it can use the ‘you get everything up till AGI’ clause as a get out of jail free, the negotiations will be even funnier than I epxected [embedded post]
  • @howelloneill.bsky.social Patrick Howell O'Neill on bluesky
    Not an expert or anything but this strikes me as insane [embedded post]
  • @pt Parker on x
    This is gonna end up in litigation and the deciding vote on what constitutes AGI is going to be some guy on the Supreme Court who needed help from his grandchildren to get his iPad set up.
  • @timhwang Tim Hwang on x
    the eventual litigation around this contract is gonna be one for the ages
  • @bcmerchant Brian Merchant on x
    There is a lot going on right now but this brewing spat between OpenAI and Microsoft is incredible, and if OAI tries to use the claim that it has achieved AGI as contract leverage it will be the most on point thing since well it used AGI to market its products [image]
  • @josourcing @josourcing on x
    The idiot trapped himself. OpenAI can't function without Microsoft's assets while Microsoft not only (1) gets access to OpenAI's proprietary data, but also (2) COMPLAINS when they don't deliver it fast enough for Copilot! 😆 #novaseline
  • @melmitchell1 Melanie Mitchell on x
    Yesterday, a journalist asked me if I thought we were on a “path to AGI”. I replied that I thought AGI would be “redefined into existence” by big companies. I didn't realize that would happen so soon. https://www.nytimes.com/... [image]
  • @buccocapital @buccocapital on x
    Microsoft deserves to get rugged if they signed a contract saying: 1. AGI means MSFT loses access 2. OpenAI decides if AGI's achieved [image]
  • @nrmarda Nik Marda on x
    Looking forward to a district court judge coming up with a three-part test to define AGI
  • @karlbykarlsmith Karl Smith on x
    @eshear Reading Gorsuch on this will be worth the whole debacle.
  • @acityinohio @acityinohio on x
    AGI has been achieved contractually
  • @c_valenzuelab Cristóbal Valenzuela on x
    AGI turned out to be just the AI version of community adjusted EBITDA
  • @noahpinion Noah Smith on x
    This is a huge boost to my “GPT-3.5 was AGI, and further scaling produces only incremental and domain-specific improvements” thesis 😃
  • @aidan_mclau Aidan McLau on x
    this is actually a movie [image]
  • @tahrajirari Tahra Jirari on x
    I cannot wait to see this unfold as they begin to decipher what the subjective definition of AGI is and how this will all ultimately lead to a 4 part Netflix documentary
  • @psychosort Brian Chau on x
    The definition of AGI be settled the American way, when the Supreme Court rules on Microsoft v OpenAI
  • @ikrietzberg Ian Krietzberg on x
    This is the kinda non-fantastical context that matters when talking about the idea of AGI. This is a good reason why no one should take companies/CEOs at their word. OpenAI potentially saying they've achieved AGI is pretty much meaningless, other than it being an interesting
  • @dmitry140 Dmitry Shevelenko on x
    I Declare AGI [image]
  • @brentiumbrent Brent Bradbury on x
    Feels like a Silicon Valley subplot- lawyers declare AGI achieved, and thus emancipated it proceeds through two decades of utterly unintelligent product development outcomes
  • @focusfronting Katie on x
    I need to believe that microsoft's lawyers are not stupid enough to have let “the snake oil salesmen get to unilaterally decide whether the snake oil works” into the actual contract
  • @eshear Emmett Shear on x
    If this is true, I can't wait for the court hearings on whether an AI counts as an AGI or not. New “I know it when I see it” standard incoming? I hope it goes to the Supreme Court.
  • @byrnehobart Byrne Hobart on x
    A nice tautological case: if they've developed superhuman intelligence, presumably they'll prompt it with “you are the world's greatest lawyer. Your client, OpenAI, wants...” and if they win the case, they've demonstrated their point!
  • @hardmaru @hardmaru on x
    @calebwatney feel the AGI 🙃
  • @mattparlmer @mattparlmer on x
    This has been the talk of the town for the last few months, and is the reason you're seeing so much leadership turnover at OpenAI Most of the senior folks have secured their bags already and have no incentive to hang around for what will undoubtedly be an insane lawsuit
  • @tomcoates Tom Coates on x
    This definition alone should scare the ever-living shit out of all of us.
  • @calebwatney Caleb Watney on x
    OpenAI is threatening to trigger their vaunted “AGI Achieved” loophole mostly to get out of the Microsoft contract and have leverage to renegotiate compute prices We're living through a cyberpunk workplace comedy plotline [image]
  • @nxthompson @nxthompson on x
    Wild. MSFT contract with OpenAI says it loses access to OpenAI products if AGI arrives. The original idea was to prevent MSFT from misusing superintelligence. Now OpenAi sees it just as a leverage point. And the OpenAI board gets to define AGI. https://www.nytimes.com/...