Elon Musk took the stand for a third day of testimony in his lawsuit against OpenAI, alleging the artificial intelligence company betrayed its founding mission. The trial, which began with jury selection on April 27, 2026, centers on Musk's accusation that OpenAI, co-founded in 2015, has shifted from its original non-profit goal of benefiting humanity to prioritizing profits. Musk invested approximately $38 million in OpenAI between December 2015 and May 2017.
During his testimony, Musk stated that he lost confidence in OpenAI's leadership, specifically Sam Altman, by late 2022, believing they were attempting to "steal the charity." He recounted his early involvement, claiming he came up with the name, recruited key personnel, and provided initial funding. Musk's legal team argues that OpenAI's leadership, including Altman and Greg Brockman, breached a foundational agreement by transitioning the company from a non-profit to a for-profit structure. Musk is seeking the undoing of this conversion and $134 billion in damages, to be redirected to OpenAI's non-profit arm.
OpenAI's defense contends that Musk was aware of and agreed to plans for commercialization. The company argues that Musk's lawsuit is an attempt to hinder OpenAI's growth and bolster his own AI venture, xAI, which he launched in 2023. Lawyers for OpenAI have stated that there were never assurances the company would remain a non-profit indefinitely. During cross-examination, OpenAI's attorneys pressed Musk on his awareness of the company's shift and why he waited until 2024 to file the lawsuit if he had concerns earlier. Musk responded that he needed time to confirm the non-profit had been "looted."
The founding mission of OpenAI, established in December 2015, was to ensure that artificial general intelligence "benefits all of humanity." The company's initial charter also stated an intention to collaborate openly and make research publicly available. However, OpenAI later restricted access to its most capable models, citing safety and competitive concerns. In 2019, OpenAI created a for-profit subsidiary, and in 2025, restructured it into a public benefit corporation. OpenAI maintains that its non-profit foundation continues to control the for-profit entity.
Musk's lawsuit names Microsoft as a co-defendant, alleging the company knowingly assisted OpenAI's transition to a for-profit structure and profited from it. Musk claims that OpenAI and Microsoft unjustly enriched themselves by deviating from the non-profit mission. He is seeking damages from both OpenAI and Microsoft, which has invested over $13 billion into OpenAI.
In the days leading up to the trial, Musk reportedly contacted OpenAI President Greg Brockman to explore a settlement. According to a court filing by OpenAI, Musk texted Brockman, "By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be." Brockman had suggested that both sides drop their claims. OpenAI's lawyers described this exchange as coercive rather than conciliatory.
Sam Altman, OpenAI's CEO, is expected to testify later in the trial, which is anticipated to last several weeks. The trial is being presided over by U.S. District Judge Yvonne Gonzalez Rogers.