OpenAI Lawyers Question Meta's Role in Elon Musk's Twitter Takeover

OpenAI Subpoenas Meta for Evidence in Dispute with Elon Musk

OpenAI has formally requested that Meta disclose any documentation pertaining to collaborative strategies with Elon Musk and xAI concerning the potential acquisition or investment in the company behind ChatGPT.

Details of the Request

The request became public knowledge through a court filing submitted on Thursday as part of Musk’s current legal action against OpenAI. OpenAI’s legal team stated that a subpoena was issued to Meta in June, seeking documents that might reveal its involvement in Musk’s unsolicited $97 billion offer to acquire the startup in February. The existence of such documents remains unconfirmed.

According to OpenAI’s lawyers, communications occurred between Musk and Meta CEO Mark Zuckerberg regarding xAI’s potential bid to purchase ChatGPT’s developer, including discussions about “possible financial arrangements or investments.”

Meta's Response and OpenAI's Pursuit

Meta initially objected to the subpoena in July. Now, OpenAI is seeking a court order to compel the production of this evidence. Furthermore, OpenAI is requesting any Meta documents and communications related to “any actual or potential restructuring or recapitalization of OpenAI,” which is central to Musk’s lawsuit.

Andy Stone, a spokesperson for Meta, directed TechCrunch to a portion of OpenAI’s filing, clarifying that neither Meta nor Zuckerberg signed Musk’s letter of intent for the acquisition.

Meta has declined to provide additional commentary. Requests for comment from OpenAI and Musk’s legal representatives went unanswered by TechCrunch.

Meta's AI Investments and Talent Acquisition

Concurrently with this dispute, Meta has made substantial investments in its own frontier AI model development. Court documents from a separate case revealed that Meta executives were intensely focused on creating an AI model surpassing OpenAI’s GPT-4 in 2023.

By early 2025, Meta’s AI models reportedly lagged behind industry benchmarks, causing frustration for Zuckerberg. He has since increased efforts to recruit top AI researchers from OpenAI, including Shengjia Zhao, a ChatGPT co-creator, who now leads research at Meta Superintelligence Labs.

Meta has also invested $14 billion in Scale AI and explored potential acquisitions of other AI labs.

A Shift in Rivalry?

While the extent of discussions between Musk and Zuckerberg remains unclear, the possibility of collaboration highlights the perceived threat OpenAI represents. Notably, Musk previously challenged Zuckerberg to a cage fight (which did not materialize).

The advancements in AI may have encouraged Musk and Zuckerberg to reconsider their adversarial relationship.

The Core of Musk's Lawsuit

This filing is part of a broader lawsuit initiated by Musk against OpenAI, contesting the company’s conversion of its non-profit arm into a for-profit entity. This conversion is essential for attracting investment and potentially going public.

However, Musk – a co-founder and early investor – is challenging this restructuring, asserting that it deviates from OpenAI’s original mission.

Meta's Legal Argument

Meta’s lawyers have requested the court to dismiss OpenAI’s request for evidence, arguing that Musk and xAI can furnish any pertinent information. They also contend that internal discussions regarding OpenAI’s restructuring are irrelevant to the case.

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