Musk's Lawsuit Against OpenAI Over For-Profit Conversion Advances to Jury Trial
US District Judge Yvonne Gonzalez Rogers has ruled that Elon Musk's lawsuit against OpenAI can proceed to jury trial in March, finding sufficient disputed facts regarding the company's conversion from nonprofit to for-profit status. Musk alleges he contributed approximately $38 million (60% of early funding) based on assurances OpenAI would remain nonprofit, and seeks damages for alleged violations by co-founders Sam Altman and Greg Brockman. OpenAI denies the claims, calling Musk a "frustrated commercial competitor," while the case highlights broader competition in the AI market between Musk's xAI and OpenAI.

*this image is generated using AI for illustrative purposes only.
A US federal judge has cleared the way for Elon Musk's high-profile lawsuit against OpenAI to proceed to jury trial, rejecting the AI company's attempts to dismiss the case. The decision sets up a March trial that could reshape understanding of corporate governance in the rapidly evolving artificial intelligence sector.
Court Finds Sufficient Evidence for Trial
US District Judge Yvonne Gonzalez Rogers in Oakland, California, determined there was "plenty of evidence" suggesting OpenAI's leadership made assurances about maintaining the company's original nonprofit structure. The judge ruled that enough disputed facts exist to warrant jury consideration rather than judicial summary judgment.
The court battle unfolds amid intensifying competition in the generative artificial intelligence market, with Musk's xAI and its Grok chatbot directly competing against OpenAI and other technology developers.
Financial Claims and Founding Contributions
Musk's lawsuit centers on his substantial early investment in OpenAI and alleged breach of founding principles. The key financial and organizational details include:
| Parameter: | Details |
|---|---|
| Musk's Investment: | Approximately $38 million |
| Funding Percentage: | Roughly 60% of OpenAI's early funding |
| Co-founding Year: | 2015 |
| Musk's Departure: | 2018 |
| Current Competition: | xAI vs OpenAI |
Musk contends his contributions included not only financial backing but also strategic guidance and credibility, all provided based on assurances that OpenAI would remain a nonprofit organization dedicated to public benefit.
Allegations Against OpenAI Leadership
The lawsuit specifically targets OpenAI co-founders Sam Altman and Greg Brockman, accusing them of orchestrating a for-profit conversion for personal enrichment. Musk alleges this culminated in multibillion-dollar partnerships with Microsoft and recent corporate restructuring that fundamentally altered OpenAI's mission.
Musk seeks unspecified monetary damages from what he characterizes as "ill-gotten gains" by OpenAI. His legal team, led by Steven Molo, expressed confidence about presenting evidence of defendants' alleged wrongdoing to the jury.
Defense Responses and Counterarguments
OpenAI, Altman, and Brockman have categorically denied the allegations, characterizing Musk as "a frustrated commercial competitor seeking to slow down a mission-driven market leader." Following the hearing, OpenAI issued a statement calling the lawsuit "baseless" and part of Musk's "ongoing pattern of harassment."
Microsoft, also named as a defendant, urged the court to dismiss claims against it, with company lawyers arguing no evidence exists that Microsoft "aided and abetted" OpenAI's alleged misconduct. OpenAI's legal team contended Musk failed to establish sufficient factual basis for his fraud and breach of contract allegations.
Trial Timeline and Key Issues
The March trial will address several critical legal questions, including whether Musk's lawsuit was filed within applicable statute of limitations. Judge Rogers indicated the jury will specifically weigh the timeliness of Musk's legal action alongside the substantive allegations of corporate governance violations and breach of founding agreements.



























