“OpenAI is now able to release open-weight models that meet requisite capability criteria.”
Was Microsoft the blocker before? prior agreements clearly made true open-weights awkward-to-impossible without Microsoft’s sign-off. Microsoft had (a) an exclusive license to GPT-3’s underlying tech back in 2020 (i.e., access to the model/code beyond the public API), and (b) later, broad IP rights + API exclusivity on OpenAI models. If you’re contractually giving one partner IP rights and API exclusivity, shipping weights openly would undercut those rights. Today’s language looks like a carve-out to permit some open-weight releases as long as they’re below certain capability thresholds.
A few other notable tweaks in the new deal that help explain the change:
- AGI claims get verified by an independent panel (not just OpenAI declaring it).
- Microsoft keeps model/product IP rights through 2032, but OpenAI can now jointly develop with third parties, serve some things off non-Azure clouds, and—critically—release certain open-weights.
Those are all signs of loosened exclusivity.
My read: previously, the partnership structure (not just “Microsoft saying no”) effectively precluded open-weight releases; the updated agreement explicitly allows them within safety/capability guardrails.
Expect any “open-weight” drops to be intentionally scoped—useful, but a notch below their frontier closed models.