The trial between Elon Musk and OpenAISam Altman, Greg Brockman and microsoft It took place in a federal court in Oakland, California. A nine-member jury was present and opening arguments were presented. Judge Yvonne González Rogers is overseeing the case. The trial is expected to last four weeks, with daily sessions from 8:30 a.m. to 1:40 p.m. Pacific Time.
Initially, Musk presented 26 complaints in 2024, but only two remain: breach of charitable trust and unjust enrichment. The trial is divided into two phases. The jury will issue an advisory opinion on liability, while the judge will issue the final ruling. If the defendants are found liable, the judge alone will determine the appropriate remedies.
Musk’s claims against OpenAI
Musk’s lead attorney, Steven Molo, told the jury that Musk has approximately $38 million Donations to OpenAI created a charitable fund intended to keep the organization a nonprofit forever. He argued that Altman and Brockman used those funds for commercial purposes without permission when OpenAI established its for-profit division in March 2019.
Musk asks for compensation, estimated by his expert at up to $134 billionwhich represents illicit profits. The total liability of OpenAI and Microsoft could exceed $150 billion. Musk has requested that any damages be returned to the nonprofit part of OpenAI, that Altman and Brockman be removed from their roles, and that the company’s October recapitalization be reversed.
OpenAI’s defense in the Musk trial
OpenAI lawyer William Savitt said all parties, including Musk, agreed in 2017 that a for-profit structure was the next logical step for the company’s mission.
However, his push for unilateral control as CEO was rejected. OpenAI called the lawsuit a baseless harassment campaign driven by Musk’s competing interests, especially since he founded his own artificial intelligence company, xAI, in 2023.
Evidence and key witnesses of the case
Internal documents submitted into evidence before the trial include a 2017 email from Sutskever and Brockman to Musk. In the email, they claim that the current structure gives Musk a path to ultimately have full control over AGI and mention that OpenAI’s goal was to avoid an AGI dictatorship.
Musk had previously written to OpenAI leaders before leaving, saying that he would no longer fund the organization unless they made a firm commitment to remain independent, or that he would essentially provide them with free funding to help them create a startup.
Scheduled witnesses include Altman, Brockman, Microsoft CEO Satya Nadella, former OpenAI scientists Mira Murati and Ilya Sutskever, and Shivon Zilis. Both Musk and Altman are expected to testify for more than two hours.
Reuters reports that the outcome of the case may depend on the pages of Brockman’s personal diary, which includes a 2017 entry claiming that leaving Elon was “The only chance we have.”
What the verdict between Musk and OpenAI could mean
If Musk wins, Altman and Brockman could be removed from their positions, the restructuring of the for-profit company could be reversed, and damages could be directed to the charitable mission.
A loss would support maintaining OpenAI’s current structure, keeping the company on track for a potential public offering in late 2026. OpenAI recently closed a funding round worth $122 billion at a sales price of $122 billion. Valuation of 852 billion dollars.
