Elon Musk's lawsuit against OpenAI over its shift to a for-profit model will proceed to trial, a US judge has ruled. The decision came after District Judge Yvonne Gonzalez Rogers in Oakland, California, said there was sufficient evidence to suggest OpenAI's leaders had made assurances that the organisation's original nonprofit structure would be maintained.
The trial, scheduled for March, will allow a jury to consider Musk's claims that OpenAI and its chief executive, Sam Altman, violated the company's founding mission. Musk, who co-founded OpenAI, alleges that the leaders plotted a for-profit switch to enrich themselves, culminating in multibillion-dollar deals with Microsoft and a recent restructuring.
Musk is seeking unspecified monetary damages from what he calls 'ill-gotten gains' by OpenAI. He contends he contributed about $38m (£28m) in early funding, along with strategic guidance, based on assurances that the organisation would remain a nonprofit dedicated to public benefit.
OpenAI has denied the claims, describing Musk as 'a frustrated commercial competitor seeking to slow down a mission-driven market leader'. In a statement, the company said: 'Mr Musk's lawsuit continues to be baseless and a part of his ongoing pattern of harassment.'
The judge also noted that the jury would be asked to consider whether the lawsuit was filed within the statute of limitations. Microsoft, also a defendant, urged the judge to throw out claims against it, arguing there was no evidence it 'aided and abetted' OpenAI.
