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Musk Accuses OpenAI of 'Stealing' Nonprofit Mission in High-Stakes Federal Trial

May 02, 2026 12:00 UTC
MSFT
Medium term

Elon Musk testified in federal court, alleging that OpenAI leadership abandoned the company's original charitable purpose for commercial profit. The legal battle seeks massive damages and questions the governance of the AI giant.

  • Musk claims OpenAI shifted from a nonprofit to a for-profit entity illegally.
  • Damages sought against OpenAI and Microsoft reach up to $134 billion.
  • OpenAI's valuation has surged to over $850 billion since its commercial pivot.
  • Musk admitted xAI used OpenAI's models for training purposes.
  • The trial focuses on whether the original charitable mission was breached.

Elon Musk spent three days on the witness stand in Oakland, California, centering his argument on the claim that OpenAI's leadership effectively 'stole' a charity. Musk, an early donor and co-founder, alleges that the organization pivoted from its nonprofit roots to a commercial powerhouse without authorization, violating the promises made to its initial supporters. The lawsuit, filed two years ago, targets CEO Sam Altman and President Greg Brockman. Musk claims his initial $38 million contribution was diverted toward unauthorized commercial ends. OpenAI, which is now valued at over $850 billion by private investors, has dismissed these allegations as baseless. During his testimony, Musk highlighted the tension between OpenAI's nonprofit mission and the for-profit subsidiary created in 2018. He argued that the commercial arm now dominates the organization, describing the current structure as 'the tail wagging the dog.' He further accused Altman and Brockman of enriching themselves while maintaining the prestige of a nonprofit association. The trial also touched upon Musk's own AI venture, xAI, which he valued at $250 billion during its merger with SpaceX in February. Under cross-examination, Musk admitted that xAI utilized 'distilling'—the process of using OpenAI's technology to train its own models—though he defended the move as a standard industry practice for validating AI. The plaintiff is seeking up to $134 billion in damages from OpenAI and Microsoft, the latter of which is named as a defendant due to its $10 billion equity investment. Proceedings are set to resume next week, with Altman and Brockman expected to testify later this month.

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