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Musk is suing OpenAI, Altman and company president Greg Brockman, alleging they abandoned the organisation’s founding mission of building artificial intelligence for the benefit of humanity.
Elon Musk arrives at the federal courthouse as opening statements begin in the trial over Elon Musk's lawsuit against OpenAI in Oakland, California, on April 28, 2026. (Photo by Karl Mondon / AFP)(AFP)Elon Musk is expected to testify as early as Tuesday in a closely watched legal battle against Sam Altman, marking a pivotal moment in a case that could shape the future of artificial intelligence governance.
Opening statement: “They stole a charity”
In a sharp opening argument, Musk’s lawyer Steven Molo accused the defendants of betraying a public trust.
“The defendants in the case stole a charity, and we're asking you to hold them accountable,” Molo told jurors.
He argued that OpenAI’s leadership prioritised profit over public good, undermining Musk’s vision for ethical AI development.
He is also asking the court to:
-Restore OpenAI to a nonprofit structure
-Remove Altman and Brockman from leadership roles
-Remove Altman from the board
The lawsuit includes claims of breach of charitable trust and unjust enrichment.
Dispute over OpenAI’s mission shift
At the heart of the case is OpenAI’s transition from a nonprofit to a for-profit model.
Molo told the court: “It wasn't a vehicle for people to get rich.”
He compared the shift to a museum being exploited for profit: “The museum store can't loot the museum and sell the Picassos… To steal a charity is absolutely wrong.”
Musk has argued that the company’s transformation into a commercial powerhouse violated commitments made to donors and the public.
OpenAI pushes back
OpenAI has strongly denied Musk’s allegations, arguing he supported the restructuring and only sued after failing to gain control.
The company claims Musk:
-Did not fulfil a $1 billion funding pledge
-Left after being denied leadership control
-Is now attempting to undermine OpenAI to benefit his own AI venture
OpenAI has also said Musk was involved in early discussions around the company’s restructuring.
From nonprofit to tech giant
OpenAI was co-founded in 2015 by Musk, Altman and others to develop safe AI and counter competitors like Google.
Molo said Musk played a key early role: “He developed a strategy. He taught them all he knows about building a business.”
Musk claims he contributed about $38 million and helped recruit leading AI researchers, including Ilya Sutskever.
The dispute intensified after OpenAI created a for-profit arm in 2019 and later secured major funding, including a $10 billion investment from Microsoft in 2023.
Witnesses and timeline
The trial is expected to run for four weeks, with jury deliberations on liability targeted by May 12.
Key witnesses may include:
Sam Altman
Greg Brockman
Satya Nadella
What’s at Stake
The case could reshape the governance of one of the world’s most influential AI companies and impact its potential IPO plans.
OpenAI, now valued at hundreds of billions, recently restructured into a public benefit corporation, allowing it to attract investment while maintaining ties to its nonprofit origins.
Bigger questions on AI’s future
Beyond the personal feud, the trial raises broader questions about whether artificial intelligence should be developed as a public good or a profit-driven enterprise.
As the courtroom battle unfolds, the outcome could set a precedent for how AI companies balance innovation, ethics and commercial interests in the years ahead.
(With Reuters inputs)
English (US) ·