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Artificial Intelligence Policy: The Controversy Surrounding OpenAI's Non-Disparagement Agreement

OpenAI's Non-Disparagement Policy Under Scrutiny

The artificial intelligence policy at OpenAI, particularly its lifetime non-disparagement policy included in exit agreements, has come under significant scrutiny. This policy, which is part of OpenAI NDA (Non-Disclosure Agreement), prevents former employees from criticizing the company indefinitely. This controversial measure has raised questions about transparency, legality, and the ethical implications for a company that aims to ensure artificial intelligence benefits humanity.

OpenAI's lifetime non-disparagement policy

Key Aspects of the OpenAI NDA

The OpenAI NDA includes stringent non-disparagement clauses that prohibit former employees from speaking negatively about the company. Even acknowledging the existence of the NDA is considered a breach. Employees who refuse to sign or violate this agreement risk losing their vested equity, potentially worth millions of dollars. This has been a point of contention, as it appears overly restrictive and legally questionable under California law, where such agreements may be deemed unenforceable.

Public Reaction and Legal Concerns

The reaction to this artificial intelligence policy has been intense. Critics argue that the non-disparagement agreement is excessive and possibly illegal. Legal experts have pointed out that these agreements might not withstand legal scrutiny, especially in states like California, which have specific statutes protecting employees from overly restrictive contracts. The broader tech community has also voiced concerns about the ethical implications of silencing former employees.

Sam Altman's Response to the Controversy

Sam Altman, the CEO of OpenAI, has publicly addressed the controversy surrounding the non-disparagement policy. He acknowledged its existence but emphasized that it has never been enforced. Altman expressed regret over the situation, stating that OpenAI would no longer include this clause in future agreements. He assured that no vested equity had ever been clawed back from former employees, aiming to alleviate some of the public's concerns.

Impact on Employee Departures and AI Safety Researchers

The OpenAI controversy has been further fueled by the resignation of several high-profile AI safety researchers, including Jan Leike and Ilya Sutskever. Leike openly criticized OpenAI's safety culture, while Sutskever remained silent, potentially due to the restrictive NDA. Former employee Daniel Kokotajlo highlighted the financial pressure of the agreement, noting that he had to forfeit a significant sum to leave without signing the document.

Broader Implications for OpenAI and Artificial Intelligence Policy

The backlash against OpenAI's non-disparagement policy raises critical questions about the company's commitment to transparency and its mission to benefit humanity. The restrictive nature of the agreements seems at odds with OpenAI's stated goals and has led to widespread criticism. Moving forward, OpenAI has pledged to remove the contentious clause from its exit agreements, aiming to rebuild trust and align more closely with its core values of openness and accountability.


The controversy over OpenAI's non-disparagement policy has highlighted significant issues within the company's approach to employee agreements and transparency. While intended to protect the company, the policy has been criticized for being overly restrictive and potentially illegal. With commitments from leadership to change this practice, OpenAI aims to restore trust and better align its policies with its mission of ensuring that artificial intelligence benefits all of humanity.



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