Elon Musk’s lawsuit in opposition to OpenAI will face a jury in March

Elon Musk’s lawsuit in opposition to OpenAI will go to trial after a U.S. decide stated there’s proof to assist the billionaire’s case. 

Musk sued OpenAI and its co-founders Sam Altman and Greg Brockman in 2024, alleging they betrayed their authentic contractual agreements by pursuing earnings as an alternative of the nonprofit’s founding mission to develop AI that advantages humanity. 

Musk, who has launched his personal for-profit company xAI, was an early monetary backer and co-founder of OpenAI. He resigned from the board in 2018 after his bid to take over as CEO was rejected by the opposite co-founders, who put Altman up for the job. Formally, Musk cited potential conflicts of curiosity with Tesla’s personal AI growth for self-driving vehicles. 

Since leaving OpenAI, he’s been a vocal critic of the agency’s transition to a for-profit mannequin, and even made an unsolicited $97.4 billion bid to purchase OpenAI in February 2025, which Altman rejected. OpenAI, which was based in 2015 as a non-profit analysis lab, first started to maneuver away from its pure non-profit roots in 2019 by making a for-profit subsidiary with a “capped-profit” mannequin that restricted investor returns. This was designed to assist OpenAI increase the large quantities of funding it wanted to scale and entice high expertise. 

Musk’s lawsuit was unable to cease OpenAI from changing right into a non-profit, and in October 2025, the company completed its formal restructuring process. The for-profit department grew to become a Public Profit Company, with the unique non-profit retaining a 26% fairness stake. 

Musk is now searching for financial damages from what he says are “ill-gotten positive factors” by OpenAI. He says he invested about $38 million in early funding, in addition to steerage and credibility, primarily based on assurances that OpenAI would stay a nonprofit.

An OpenAI spokesperson advised TechCrunch Musk’s lawsuit is “baseless and part of his ongoing sample of harassment.”

District Choose Yvonne Gonzalez Rogers stated her resolution was primarily based on proof suggesting OpenAI’s leaders made assurances that its authentic nonprofit construction could be maintained, as Musk alleges. A jury trial for March has been tentatively scheduled.

This text has been up to date with commentary from OpenAI.