Elon Musk is about to have his day in court against OpenAI — but only after unceremoniously dumping 24 of his 26 original claims. Just before trial, Musk withdrew fraud charges. The November 2024 complaint originally had 26 counts; Judge Yvonne Gonzalez Rogers granted Musk's request to "streamline" the case, leaving only two: unjust enrichment and breach of public charitable trust. Jury selection kicks off Monday in federal court in Oakland, California.
Musk is seeking up to $134 billion in damages, with the money to go to OpenAI's charitable arm. He also wants the court to restore OpenAI's nonprofit status and remove CEO Sam Altman and President Greg Brockman from their positions. OpenAI cried foul two weeks ago, telling the court that Musk's proposed remedy was a last-minute ambush — a "legal sneak attack." OpenAI, Altman, Brockman, and Microsoft all deny any wrongdoing.
The trial is split into two phases. First, a jury will issue a non-binding "advisory verdict" on Musk's claims. Then, the judge will handle the remedy phase alone and deliver the final ruling.
Musk co-founded OpenAI with Altman and Brockman in 2015 — but according to Altman, their partnership fell apart when Musk demanded absolute control. He left the board in 2018, and in 2023 launched xAI, a direct competitor. Last February, OpenAI rejected Musk's $97.4 billion bid to buy its nonprofit assets, and shortly after completed its for-profit conversion.