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Elon Musk’s legal case against OpenAI is hilariously bad


Elon Musk’s greatest legacy will be as a provider of inane law school exam hypotheticals.

To have a valid contract, you need an offer, acceptance, and an exchange of value — what lawyers are trained to call “consideration,” in an enduring effort to make simple concepts sound confusing and increase fees. From there the complaint continues to fade into a wet fart — there are some catchall state claims and then a final, desperate cause of action for “accounting,” which has two elements under California law, one of which is that OpenAI has to owe Elon money. Anyway, my guess is that this case will continue to be a goldmine for law schools around the country, because it is almost a certainty that OpenAI’s response will be another 1L favorite: a 12(b)(6) motion to dismiss for “failure to state a claim.”

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