[trashtester]

The current situation probably falls under Force Majeure, though. If most of these people go to Google or Amazon, Microsoft may not be able to deliver the products they depend(ed) on OpenAI for.

Also, in most jurisdictions, no poaching agreements are unenforcable if the employees themselves initiate the transfer. Signing that letter about leaving if Sam is not coming back probably qualifies as a resignation notice.

On top of this, most other AI leaders have already stated that they want OpenAI employees to come to them.

[alexdoesstuff]

This is quite literally the CTO of Microsoft saying: "Know that if needed, you have a role at Microsoft that matches your compensation and advances our collective mission." I don't think there is a reasonable argument where this is not poaching.

I have all the sympathy with OpenAI employees signing the letter and looking for new jobs.

However, MSFT is basically doing a cheap de-facto acquisition of OpenAI, a company they have invested in. This sets a terrible precedent for companies taking investment from strategic investors where they may stage an opportunistic de-facto acquisition at the sign of any trouble.

[lern_too_spel]

Employees are jumping ship. If not Microsoft, they'll go somewhere else. In a normal situation, if Microsoft said they would match the previous employer's compensation, they wouldn't have gotten many takers.