A high-profile legal battle between Elon Musk and Sam Altman has commenced in California, drawing global attention to the origins and evolution of OpenAI. The trial centres on allegations of betrayal, misuse of a nonprofit structure, and the broader implications for the future of artificial intelligence governance.
Taking the stand in court, Elon Musk framed the dispute as a fundamental issue of trust and ethics in charitable organisations.
"It's actually very simple," he said. "It's not okay to steal a charity... If it's okay to loot a charity, the entire foundation of charitable giving will be destroyed."
Musk claims that OpenAI, originally founded as a nonprofit organisation, deviated from its mission by transitioning into a profit-driven entity. He argues that this shift violated the foundational principles under which he contributed funding.
OpenAI’s legal team strongly rejected Musk’s claims, arguing that the lawsuit is driven by rivalry rather than principle.
"We're here because Mr Musk didn't get his way at OpenAI," said lawyer William Savitt. "Because he's a competitor, Mr Musk will do anything to attack OpenAI."
The defence portrays Musk’s actions as an attempt to undermine a competing AI company, particularly as the race for advanced AI systems intensifies globally.
Presiding over the case, Yvonne Gonzalez Rogers cautioned both parties against using their public platforms to influence proceedings. Despite this, Musk had earlier referred to Sam Altman as "Scam Altman" on his social media platform X.
The judge urged restraint, stating that participants should maintain decorum and avoid escalating tensions outside the courtroom.
Musk’s lawyer, Steven Molo, reminded jurors to remain impartial:
"You all took an oath to put personal opinions aside," he said. "I know you will honour that oath."
OpenAI was founded in 2015 with the vision of developing artificial intelligence for the benefit of humanity. Musk was one of its early backers, contributing $38m (£28m) over several years when it operated strictly as a nonprofit.
"Without Elon Musk, there would be no OpenAI. Pure and simple," Molo argued during opening statements.
The dispute largely stems from OpenAI’s 2018 decision to create a commercial arm, a move that eventually led to the development and global success of ChatGPT. This transition marked the beginning of large-scale monetisation in the AI sector.
Musk contends that this shift was made without his consent and contradicts the organisation’s original mission.
Musk is seeking billions of dollars in what his legal team describes as "wrongful gains". He wants these funds redirected to OpenAI’s nonprofit arm and is also pushing for leadership changes, including the removal of Altman.
The lawsuit includes claims of breach of charitable trust and unjust enrichment.
OpenAI’s defence claims that Musk attempted to exert excessive control over the organisation. According to Savitt, Musk had proposed merging OpenAI with Tesla, which was rejected by other founders.
"The other founders refused to turn the keys of artificial intelligence over to one person," Savitt said. "When they refused to let OpenAI be absorbed" Musk "took his marbles and went home."
He further added: "Since he couldn't control OpenAI, he left it. He left it, he thought, for dead."
OpenAI maintains that Musk’s lawsuit stems from regret and competitive pressure, particularly as his own AI venture, xAI, has struggled to match the success of rivals.
"Musk never cared about whether OpenAI was a non-profit," Savitt stated.
The case unfolds at a time when the global race toward Artificial General Intelligence (AGI) is accelerating. Companies worldwide are investing billions into AI development, raising concerns about ethics, regulation, and control.
Musk’s lawyer noted that his involvement in AI deepened due to concerns that "the government was not stepping up" to regulate the technology. These concerns reportedly intensified after a 2015 meeting with former U.S. President Barack Obama.
At its core, the trial highlights a broader debate: should AI development prioritise public good over profit, or is commercialisation necessary to drive innovation at scale?
The trial began with jury selection in Oakland, California, and is expected to continue with testimonies from key figures, including Sam Altman.
A verdict is anticipated in late May, which could have far-reaching consequences for both OpenAI and the broader AI ecosystem.
The Musk vs Altman trial is more than a corporate dispute—it represents a defining moment in the evolution of artificial intelligence governance. With billions of dollars, reputations, and the future direction of AI at stake, the outcome could reshape how technology companies balance ethical responsibilities with commercial ambitions.
As the world watches, this case may set important legal and moral precedents for the rapidly advancing AI industry.