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Musk Files Lawsuit Seeking $134 Billion Over Alleged Misuse of AI Technology

Jan 17, 2026 07:29 UTC

Elon Musk has initiated legal action against OpenAI and Microsoft, claiming they unjustly profited from his contributions to artificial intelligence development. The suit alleges that the companies violated fiduciary duties and misappropriated intellectual property.

  • Musk seeks $134 billion in damages from OpenAI and Microsoft
  • Allegations include breach of fiduciary duty and misappropriation of AI technology
  • OpenAI's valuation rose from $1 billion to over $80 billion since 2018
  • Microsoft invested $10 billion in OpenAI in 2023
  • Annual revenue from AI products is estimated at over $20 billion
  • Case may set precedent for founder rights in AI ventures

Elon Musk has formally launched a civil lawsuit demanding up to $134 billion in damages from OpenAI and Microsoft, citing what he describes as 'wrongful gains' derived from his early involvement in the creation of foundational AI technology. The legal filing asserts that Musk played a pivotal role in OpenAI’s inception and development but was excluded from decision-making processes and profit-sharing after the organization transitioned into a for-profit structure in 2023. The claim centers on allegations that OpenAI, now operating under a capped-profit model with Microsoft as a strategic investor, has generated substantial revenue—estimated at over $20 billion annually—through products like GPT-4 and Azure AI integration. Musk argues that these profits stem directly from technology and conceptual frameworks he helped establish before stepping down from the board in 2018. Key figures in the suit include a $70 billion demand from OpenAI, based on its valuation growth from $1 billion to over $80 billion since Musk's departure, and $64 billion attributed to Microsoft for its financial and infrastructure support, including access to its cloud computing resources and co-development of AI models. The lawsuit also highlights a $10 billion investment Microsoft made in OpenAI in 2023, which Musk contends was leveraged without proper disclosure or consent. The litigation is expected to have significant implications for the tech sector, particularly regarding corporate governance in AI ventures, intellectual property rights, and the ethical responsibilities of major tech firms. OpenAI and Microsoft have yet to issue public statements, but the case may influence future partnerships and funding models in the rapidly evolving AI industry. Legal experts suggest the outcome could set a precedent for founder rights in hybrid nonprofit-for-profit technology organizations.

This article is based on publicly available information and legal filings. No proprietary or third-party data sources are referenced.
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