Elon Musk’s lawsuit against OpenAI to go to trial with jury in March
Elon Musk’s lawsuit against OpenAI will proceed to trial after U.S. District Judge Yvonne Gonzalez Rogers ruled there is sufficient evidence to support his claims. The case, filed in 2024, centers on Musk’s allegation that OpenAI and its co-founders, Sam Altman and Greg Brockman, violated their original mission and contractual agreements by shifting the company from a nonprofit AI research lab to a for-profit entity. Musk, a co-founder and early financial backer, claims he invested approximately $38 million and provided strategic guidance under the understanding that OpenAI would remain dedicated to developing artificial intelligence for the public good, not for private profit. Musk resigned from OpenAI’s board in 2018 after his attempt to become CEO was blocked in favor of Altman. He publicly cited potential conflicts of interest with Tesla’s self-driving car project, but since then, he has been a persistent critic of OpenAI’s evolution. In February 2025, he made an unsolicited $97.4 billion offer to buy the company, which Altman rejected, further fueling the public dispute. OpenAI was founded in 2015 as a nonprofit with a mission to ensure AI development benefits all of humanity. In 2019, it created a for-profit subsidiary with a “capped-profit” model, allowing it to raise significant capital while capping returns for investors. This move was intended to balance financial sustainability with its original mission. The company’s structure was further formalized in October 2025, when it completed a restructuring: the nonprofit OpenAI retained a 26% equity stake, while the for-profit arm became a Public Benefit Corporation, legally required to serve a public purpose. Musk argues that this shift contradicted the promises made to him and other early supporters. He claims the company’s transition to a for-profit model, combined with the significant financial gains reaped by its leaders, constitutes a breach of trust and a betrayal of the original nonprofit vision. He is now seeking monetary damages, asserting that the profits were “ill-gotten” and that he was misled about the company’s direction. OpenAI has pushed back, calling the lawsuit “baseless and a part of his ongoing pattern of harassment.” A company spokesperson told TechCrunch that Musk’s claims are unfounded and that the company has always operated transparently, with the public interest in mind. The company maintains that the for-profit structure was necessary to scale its AI research and remain competitive with other tech giants. Judge Rogers’ decision to allow the case to go to trial was based on evidence suggesting that OpenAI’s leaders made assurances about maintaining the nonprofit model, which Musk says were later broken. The court found that the allegations, if proven, could support a claim of breach of contract or fiduciary duty. A jury trial is tentatively scheduled for March, where the court will assess whether OpenAI’s leadership failed in their obligations to Musk and the original mission. The outcome could have far-reaching implications for the future of AI development, corporate governance in tech, and the legal boundaries of nonprofit-to-for-profit transitions. The case has drawn significant attention as a high-stakes legal battle between two of the most prominent figures in the AI world. It also underscores the growing tension between idealistic tech missions and the financial realities of building cutting-edge AI systems. As AI continues to evolve, the legal and ethical frameworks surrounding its development are under increasing scrutiny, and this trial may set a critical precedent.
