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OpenAI Switches Course, Won't Punish Employees for Speaking Out

After news of OpenAI's non-disparagement agreements went public, the company ditches them for most staff, meaning those who leave can now criticize OpenAI without losing vested equity.

 & Kate Irwin Reporter

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OpenAI is reportedly killing its non-disparagement agreements that previously barred former staff from criticizing the company—and punished those who did with equity forfeiture.

The AI firm told current and former staff Thursday that they won't lose any equity that has already vested. It's also doing away with the non-disparagement demands "unless the non-disparagement provision was mutual," Bloomberg reports.

"We're incredibly sorry that we're only changing this language now," an OpenAI spokesperson tells the outlet. "It doesn't reflect our values or the company we want to be."

Last week, Vox revealed that OpenAI employees were under strict non-disparagement agreements that barred them from criticizing the company or even acknowledging that such an agreement exists for their entire lives, with no expiration date. Breaking the agreement by posting or talking about the company in a negative light would result in lost equity, which Vox dubbed "a very effective way to keep former employees quiet."

OpenAI CEO Sam Altman later apologized for the equity provision, writing that he was "genuinely embarrassed" after it was made public.

OpenAI, which obviously has the word "open" in its name, has faced criticism for its lack of openness and shift toward a more secretive, closed-off, for-profit approach to its business. Earlier this year, Elon Musk, who helped launch OpenAI back in 2015, sued the Microsoft-backed startup because it's shifted from an open nonprofit mission to a more closed one focused on generating profit.

OpenAI has also kept the identity of its "Sky" voice actor a secret, along with those involved in the casting process, meaning the actor could be under a strict NDA and therefore unable to speak out about their intentions with the role if they wanted to.

Her actress Scarlett Johansson recently criticized OpenAI for the Sky voice days after her husband Colin Jost made the comparison on Saturday Night Live, arguing in a joke that Sky was inspired by Johansson. After the SNL episode aired, OpenAI said it would "pause" the availability of the voice. The company also claimed Sky was never intended to be a Johansson imitation, even though Altman tweeted out the word "her" when it went live.

About Our Expert

Kate Irwin

Kate Irwin

Reporter

I’m a reporter for PCMag covering tech news early in the morning. Prior to joining PCMag, I was a producer and reporter at Decrypt and launched its gaming vertical, GG. I have previously written for Input, Game Rant, Dot Esports, and other places, covering a range of gaming, tech, crypto, and entertainment news.

I’ve been a PC gamer since The Sims (yes, the original) in the CD-ROM days. I still think about my first-gen pink iPod mini, which, looking back, was not so mini. In 2020, I finally built my own custom Windows PC for gaming with a 3090 graphics card, but I also regularly use Mac and iOS devices. As a reporter, I’m passionate about documenting the wide world of tech and how it affects our daily lives.

My Areas of Expertise

  • Microsoft
  • Google
  • Artificial intelligence 
  • Cybersecurity
  • Video games are a big one. I specialize in shooters (Apex Legends, Fortnite, Overwatch) but I occasionally test out other genres as well, especially indie games or cozy games (The Sims series, Animal Crossing). 
  • The business and tech that powers video games
  • Cryptocurrency and blockchain technology
  • Social media platforms, including Meta’s apps, X/Twitter, Telegram, TikTok, etc.
  • Tech regulation

The Technology I Use

  • MSI gaming laptops
  • Nvidia graphics cards
  • AMD CPUs
  • MacBook Pro and Air laptops
  • An iPhone from 2019 (though I’m thinking about getting a “dumb phone” like the Light Phone)
  • Nintendo Switch
  • PlayStation 5
  • Freewrite Traveler 
  • At home: Sonos speakers (we have them all over the house), Philips Hue + Ring security products

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