Elon Musk sues Sam Altman and OpenAI over alleged breach of non-profit mission
Consensus Summary
Elon Musk’s lawsuit against Sam Altman, OpenAI, and Microsoft centers on allegations that Altman betrayed OpenAI’s founding mission by converting it from a non-profit to a for-profit entity, enriching himself and Microsoft while violating promises made to Musk. The trial, beginning April 28, 2026, in Oakland, California, pits Musk’s claim that OpenAI 'stole a charity' against OpenAI’s defense that Musk was aware of the for-profit plans and left after failing to gain control. Musk, who invested $38 million and recruited key talent, argues the non-profit’s mission was abandoned, while OpenAI insists its non-profit arm retains oversight. The case carries massive stakes, including potential disruption to OpenAI’s planned $1 trillion IPO and Musk’s efforts to promote his rival AI venture, xAI. Testimony from figures like Microsoft CEO Satya Nadella and former OpenAI board member Shivon Zilis could reveal behind-the-scenes conflicts, including Musk’s failed power grab and Altman’s rise as the face of the AI boom. Judge Yvonne Gonzalez Rogers has warned both sides to curb social media attacks, as the trial exposes a bitter feud with implications for the future of AI governance and corporate structures.
✓ Verified by 2+ sources
Key details reported by multiple sources:
- Elon Musk and Sam Altman co-founded OpenAI in 2015 as a non-profit AI research company with the mission to benefit humanity.
- Musk invested at least $38 million in OpenAI between 2016 and 2020, which he claims was an investment, not a tax-deductible donation.
- Musk left OpenAI’s board in 2018 after a failed bid to take control of the company and stopped providing funding.
- OpenAI restructured in 2019, creating a for-profit subsidiary while retaining a non-profit arm that technically oversees the company.
- Microsoft became OpenAI’s largest investor, committing $13 billion in 2023, with its stake now valued at approximately $135 billion.
- OpenAI is preparing for an IPO with a valuation of around $1 trillion, but Musk’s lawsuit could complicate this plan.
- Musk’s lawsuit seeks the removal of Altman and Greg Brockman, reversal of OpenAI’s for-profit structure, and $134 billion in damages (later reduced from $150 billion).
- The trial began on April 28, 2026, in Oakland, California, with jury selection and opening statements.
- Musk testified that he believed OpenAI’s for-profit arm should be a 'small adjunct' to the non-profit, not the dominant entity.
- OpenAI’s lead attorney, William Savitt, argued that Musk was aware of plans to create a for-profit entity and left OpenAI after failing to gain control.
- Judge Yvonne Gonzalez Rogers is overseeing the trial and has warned both parties to minimize social media posts during proceedings.
- Musk called Altman 'Scam Altman' in social media posts before the trial, which Judge Gonzalez Rogers addressed in court.
- Key witnesses expected to testify include Microsoft CEO Satya Nadella and Shivon Zilis, a former OpenAI board member and mother to four of Musk’s children.
Points of Difference
Details reported by only one source:
- Musk said he was instrumental in recruiting Ilya Sutskver, a top AI engineer from Google, and connecting OpenAI with Nvidia and Microsoft.
- Musk called himself a 'fool' for funding OpenAI and said he lost trust in Altman after ChatGPT’s release in late 2022.
- Musk’s lawyer, Steven Molo, argued that OpenAI is 'no longer operating for the good of humanity as a whole' but as a 'for-profit venture' benefiting Microsoft.
- Musk’s initial damages claim was $134 billion, which he later renounced for personal benefit, pledging to redirect any award to OpenAI’s non-profit.
- Musk’s xAI lab, merged into SpaceX, is expected to go public in June 2026, potentially becoming the biggest IPO in history.
- OpenAI’s attorney, William Savitt, claimed Musk promised $1 billion in investments but never delivered, and that Musk was 'motivated by jealousy' after OpenAI’s success.
- Savitt alleged Musk 'didn’t really understand artificial intelligence very well' and that his lawsuit is a 'vengeful attack' on a competitor.
- Musk’s testimony included a conversation with Larry Page about AI potentially wiping out humanity, which he said influenced his decision to found OpenAI.
- Musk described AI as software that gets 'smarter and smmer' and said artificial general intelligence could be achieved 'as soon as next year'.
- Jury selection included a questionnaire about feelings toward AI and Musk, with many prospective jurors expressing negative views about Musk.
- Musk’s lawyers sought to exclude testimony about his attendance at Burning Man and use of 'rhino ket' as 'inflammatory and irrelevant'.
- OpenAI’s internal documents revealed Greg Brockman’s diary entry in 2017: 'This is the only chance we have to get out from Elon.'
- The trial hinges on Greg Brockman’s 2017 diary entry: 'This is the only chance we have to get out from Elon.'
- Musk’s lawyers calculated damages by attributing 50-75% of OpenAI’s non-profit stake to his $38 million contributions.
- OpenAI’s restructuring in 2025 made it a public benefit corporation, with the non-profit holding a 26% stake and additional warrants.
- Musk’s xAI trails far behind OpenAI in usage, and SpaceX’s IPO could be the biggest ever, according to court papers.
Where the reporting differs
Details that conflict, or appear in only some outlets:
- The Guardian and ABC report that Musk left OpenAI in 2018 after a failed bid to take control, but NEWSCOMAU states Musk left due to 'too much busyness with other businesses' and believed OpenAI would remain non-profit.
- NEWSCOMAU and ABC state Musk’s initial damages claim was $134 billion, while ABC also mentions a $150 billion claim in earlier court papers.
- The Guardian claims Musk was aware of OpenAI’s for-profit plans as early as 2017, but NEWSCOMAU states Musk only realized he was 'hoodwinked' in late 2022 after ChatGPT’s release.
- NEWSCOMAU and ABC describe Musk’s $38 million contribution as an investment, while OpenAI (via Guardian) insists it was a tax-deductible donation with no ownership rights.
- The Guardian reports Musk called AI 'woke' and accused OpenAI programmers of 'training the AI to lie,' but these claims are not mentioned in NEWSCOMAU or ABC.
Source Articles
‘Scam Altman’: Elon Musk accusations open blockbuster AI trial
Elon Musk and Sam Altman have faced off in a legal showdown that could have far-reaching consequences for the AI industry.
‘Stole a charity’: Elon Musk accuses Sam Altman of betrayal in courtroom showdown
Trial is culmination of a years-long feud between Musk and Altman that has become increasingly vicious The trial pitting Elon Musk against Sam Altman and OpenAI began in dramatic fashion on Tuesday with opening arguments and the richest man in the world taking the stand to testify. Attorneys for the two tech moguls presented a California jury with two wildly different versions of the AI company’s history, while Musk accused his billionaire rival of endangering humanity through corporate deceptio
Musk laments being a ‘fool’ for funding OpenAI on day two of court testimony
Lawyers for Musk, the world’s richest person, sought to paint him as a tech pioneer who wanted to aid humanity After a dramatic first day of opening statements and testimony from Elon Musk in his case against Sam Altman and OpenAI, the trial continues on Wednesday with a cross examination of the Tesla CEO. Musk began his second day of testimony by repeating the accusation that Altman “stole a charity” and would endanger humanity with AI multiple times. OpenAI’s defense attorneys will have the ch
Judge cuts off Musk’s AI doomsday talk as his testimony ends in Open AI case
Trial continues after heated back-and-forth during OpenAI’s cross-examination of the Tesla CEO Elon Musk ’s court case against Sam Altman continued on Thursday, after a day of contentious exchanges during OpenAI’s cross-examination of the Tesla CEO. Musk faced more combative questioning throughout the morning, in a glimpse of what may await other prominent witnesses set to take the stand. Witness testimony and evidence has revealed formerly private emails, text messages and diary entries surroun
Musk and Altman’s bitter feud over OpenAI to be laid bare in court
Tesla chief believes Altman broke company’s founding agreement – and legal battle promises to be explosive The bitter rivalry between two of the tech world’s most powerful men arrives in court this week, as Elon Musk’s lawsuit against Sam Altman and OpenAI heads to trial in Oakland, California. The case is set to feature some of the biggest names in Silicon Valley, and its outcome could affect the course of the AI boom. Musk’s suit, filed in 2024, focuses on the formative years of OpenAI when he
Court battle between Musk and Altman to reveal power struggle at Open AI
The world's richest man is accusing the company and its chief executive Sam Altman, and Microsoft of betraying the AI start up's original mission.
Elon Musk and Sam Altman face off in court over OpenAI’s founding mission
Musk’s lawsuit accuses Altman of fraud, while OpenAI says that Musk is ‘motivated by jealousy’ A lawsuit between two of Silicon Valley’s biggest tycoons goes to trial Monday in California, the culmination of a years-long bitter feud. Elon Musk has accused Sam Altman of betraying the founding agreement of the non-profit they started together, OpenAI, by changing it to a for-profit enterprise. Musk accuses Altman, OpenAI , its president Greg Brockman, and its major partner Microsoft of breach of c
More Technology stories
Meta trial over social media addiction in children begins in California
Prince Harry and others ordered to pay legal costs to Daily Mail publisher after losing privacy lawsuit
Mass bird deaths linked to H5 bird flu in Australia’s southern states
Natalie Harp’s rise as Trump’s loyal aide and recent media scrutiny over her role
Brethren church accused of paying far-right activists to disrupt 2025 federal election
NSW ICAC inquiry into Catholic Schools NSW CEO Dallas McInerney and Liberal Party corruption allegations
Latest cross-verified stories
Sydney Swans players linked to sexual assault allegations and club sanctions
Australia vs Bangladesh Test series in 2026, featuring historic upsets and batting struggles
Ukraine targets Wildberries warehouses and Russian infrastructure with drone strikes amid escalating war
Australia’s largest gun buyback scheme after Bondi terror attack
Legal battles over Trump's White House ballroom construction
Ebola outbreak in DRC surpasses historical deadliness with rapid spread and containment challenges
Browse all stories from April 2026 in the archive.