Elon Musk’s lawsuit accusing OpenAI of abandoning its original nonprofit mission is set for trial on Monday, with jurors now selected. The case, heard in a San Francisco‑area federal court, pits the world’s wealthiest individual against the artificial‑intelligence startup he helped launch in 2015.
Musk, who contributed millions of dollars to OpenAI’s founding, claims he was misled about the organization’s commitment to remain a nonprofit. In his complaint, he argues that OpenAI’s subsequent creation of a for‑profit subsidiary and its partnership with Microsoft— which has invested billions in the company—constitute a breach of the original agreement that the technology would “belong to the world.” Musk seeks to force OpenAI to revert to a pure nonprofit structure, remove CEO Sam Altman and President Greg Brockman, and award damages up to $134 billion, which he says he would donate to the nonprofit.
OpenAI disputes those allegations. In court filings the company says Musk’s departure was driven by his desire for absolute control, not by any change in charitable purpose. An OpenAI post on X characterized the suit as a “harassment campaign” motivated by ego, jealousy, and an intent to impede a competitor. The firm’s hybrid governance model now gives its nonprofit foundation oversight of the for‑profit arm that commercialises ChatGPT and other products.
The trial follows a broader dispute between Musk and Altman that began when Musk left OpenAI and later entered the AI market with his own venture, xAI, which released the Grok chatbot. The rivalry highlights an ongoing debate over whether advanced AI should serve a narrow group of investors or the wider public.
Judge Yvonne Gonzalez Rogers will issue a ruling by mid‑May, taking into account an advisory jury’s findings. The judge retains authority to determine any remedy without reliance on the jury’s verdict. Microsoft CEO Satya Nadella is among the witnesses scheduled to testify.
Musk’s lawsuit underscores the tensions that can arise when philanthropic‑origin projects evolve into profit‑driven enterprises, especially in a sector where billions of dollars are needed for data‑center infrastructure and talent. The outcome may shape governance expectations for future AI ventures and clarify the legal obligations of organizations that transition from nonprofit to for‑profit status.
The case will be closely watched by technology firms, investors, and regulators as it proceeds.
