Lawyers for Elon Musk and OpenAI commenced closing arguments on Thursday in a landmark trial that could determine the trajectory of artificial intelligence. The case, which has drawn global attention, pits Musk, the world's wealthiest individual and an original co-founder of OpenAI, against the company he helped establish as a nonprofit in 2015, which later developed ChatGPT.
Musk's Allegations and Stakes
Musk invested $38 million in OpenAI's early years. His 2024 lawsuit accuses CEO Sam Altman and his deputy of secretly steering the organization toward profit-driven motives, breaching its original charitable mission. The trial's outcome may shift the balance of power in AI, a technology increasingly viewed as existential. Altman's leadership faces scrutiny as OpenAI, Musk's AI firm, and Anthropic—founded by ex-OpenAI staff—all approach major initial public offerings. Musk seeks Altman's removal from the board and unspecified damages, which could derail OpenAI's IPO.
Timing Dispute
A key jury question is whether Musk filed his lawsuit within the statute of limitations. Testimony focused on OpenAI's early years, but claims of breach of charitable trust and unjust enrichment must relate to events after August 2021. OpenAI argues Musk waited too long. The judge noted that if the jury finds the lawsuit untimely, she will likely direct a verdict for defendants. If timely, jurors must decide if a charitable trust existed and was broken, and whether Altman, Brockman, and Microsoft unjustly enriched themselves.
Musk's Absence and Credibility Attacks
Musk was absent, traveling to China with President Donald Trump. His attorney, Steven Molo, highlighted testimony from five witnesses—including co-founder Ilya Sutskever, former CTO Mira Murati, and ex-board members—who called Altman a liar. Molo argued Altman's credibility is central: "If you cannot trust him, if you don't believe him, they cannot win." Without a signed contract, Musk's team relies on emails, website content, and interviews to establish a charitable trust.
Financial Claims Clarified
In a heated exchange, Judge Yvonne Gonzalez Rogers corrected Molo's statement that Musk sought no money. Musk dropped personal damages but still demands "billions of dollars of disgorgement" for OpenAI's charitable arm. The judge ordered Molo to retract or drop the claim; they agreed she would clarify to jurors.
