Back to News
NewsInflationInterest RatesFederal Reserve

Jury Hears Elon Musk's Initial Testimony in OpenAI Case

Elon Musk's lawsuit against OpenAI and its co-founders commenced, focusing on the company's shift to a commercial entity.

Elena Volkov
April 29, 2026 2 min read
Jury Hears Elon Musk's Initial Testimony in OpenAI Case

The trial concerning Elon Musk's lawsuit against OpenAI and its co-founders, Sam Altman and Greg Brockman, commenced on April 28 in Oakland, California. Musk's legal action arises from a dispute over the company's transition from a non-profit to a commercial entity, which he argues presents a troubling precedent for charitable organizations.

Musk expressed to jurors, "You can't steal from a charity, that's my opinion," indicating his belief that the lawsuit's implications extend beyond the individuals involved. He warned that a ruling favoring Altman and Brockman could facilitate the exploitation of charitable organizations across America.

In defense of OpenAI, attorney William Savitt contended that Musk's lawsuit aims to undermine his main competitor, xAI, and highlighted that Musk had initially supported the company's commercial shift. The outcome of this trial, expected to last three weeks, could significantly impact OpenAI's future as it prepares for a major IPO.

Musk's Initial Testimony

During his opening testimony, Musk detailed his entrepreneurial journey through companies like Zip2, PayPal, SpaceX, Neuralink, and Tesla. He reiterated his longstanding interest in artificial intelligence, noting its potential benefits and existential risks.

Musk recalled discussions about AI safety with figures such as Google co-founder Larry Page, asserting that there was a need for a counterbalance to Google's dominance in the field. He envisioned OpenAI as an open-source, non-profit alternative to address these concerns, saying, "I thought: what could be the opposite of Google? Open source, a non-profit organization."

His lawyer, Stephen Molo, argued that Altman and Brockman had exploited Musk's resources and reputation to launch OpenAI but later abandoned its founding principles for personal gain. Molo further implicated Microsoft, which has invested $13 billion in OpenAI since 2019, as a willing partner in this alleged betrayal.

Defense's Stance

In response, Savitt highlighted Musk's previous comments suggesting that a for-profit structure might be beneficial for OpenAI. He noted that Musk had acknowledged the necessity for a commercial division after recognizing the funding challenges the company faced in 2017. Savitt claimed that Musk had actually expressed a desire for OpenAI to evolve into a commercial entity, contrary to the assertions made in the lawsuit.

Musk's Position on Control

Musk clarified in court that he was open to the idea of a commercial subsidiary, provided that profits were limited and directed back to the non-profit arm. However, he found proposals for equal share distribution among executives unjust, given that he was the primary funder and expected greater control over the company.

Next Steps in the Trial

As the trial progresses, jurors are expected to hear from notable witnesses and examine extensive documentation related to OpenAI’s operations. Their findings will culminate in a recommended verdict, with the final decision resting with Judge Gonzales Rogers. Notably, OpenAI underwent a significant restructuring in October, resulting in the formation of a commercial corporation alongside a non-profit fund.