Key Takeaways
- Elon Musk updated his legal complaint against OpenAI, specifying that any awarded damages should be directed to the organization’s nonprofit division rather than to him personally
- The Tesla CEO is pursuing damages exceeding $150 billion from OpenAI and its primary backer, Microsoft
- The amended filing demands the removal of Sam Altman from OpenAI’s nonprofit board and the dismissal of Greg Brockman from his officer position
- Trial proceedings with jury selection are scheduled to commence April 27 at federal court in Oakland, California
- OpenAI characterized the legal action as “a harassment campaign driven by ego, jealousy and a desire to slow down a competitor”
Elon Musk submitted a revised version of his legal complaint against OpenAI this Tuesday, specifying that any financial awards should benefit OpenAI’s charitable division instead of going to him directly. The updated filing also requests judicial intervention to strip CEO Sam Altman and President Greg Brockman of their positions.
The legal dispute traces back to Musk’s initial 2024 lawsuit. His allegations center on claims that the organization misled him into contributing $38 million under the premise that OpenAI would maintain its nonprofit status. Since then, the company has transformed its structure into a nonprofit entity that maintains a 26% ownership stake in its commercial operations.
Musk and Altman were among the founding members who established OpenAI in 2015. Musk departed from the organization in 2018 following unsuccessful attempts to integrate it with Tesla. By 2023, he had established xAI, a rival artificial intelligence venture that created the Grok chatbot platform.
The billionaire entrepreneur now demands damages surpassing $150 billion from both OpenAI and Microsoft, the latter being OpenAI’s principal financial supporter. This represents an increase from the $134 billion maximum his legal team requested in documents filed this past January.
Marc Toberoff, representing Musk, emphasized that his client “is not seeking a single dollar for himself.” According to Toberoff, the primary objective is recovering assets improperly taken from a public charitable organization and ensuring accountability for those responsible.
Specific Court Remedies Requested
Musk’s legal representatives are petitioning the court to compel Altman and Brockman to transfer any equity holdings or monetary gains they’ve acquired to OpenAI’s charitable division. Additionally, they’re requesting that OpenAI be mandated to resume functioning exclusively as a nonprofit entity.
“Removal of a charity’s officers and directors is a common remedy where those individuals fail to protect or carry out the charity’s public mission,” Musk’s legal team wrote in the Tuesday filing.
OpenAI responded swiftly to the amended complaint. Through a statement posted on X, the company dismissed the lawsuit as “nothing more than a harassment campaign that is driven by ego, jealousy and a desire to slow down a competitor.” Microsoft representatives chose not to provide comment.
Timeline Toward Courtroom Proceedings
The selection of jurors is scheduled to kick off on April 27 at a federal courthouse located in Oakland, California.
This past Monday, OpenAI transmitted correspondence to both California and Delaware attorneys general. The communication accused Musk of deliberately disseminating misleading information designed to damage OpenAI’s reputation in advance of the trial date. The letter further alleged that Musk has been working in coordination with Meta CEO Mark Zuckerberg on efforts targeting the company.
Toberoff called OpenAI’s letter a “desperate deflection,” saying a judge and jury will decide the case.
OpenAI currently holds a market valuation of $852 billion and has announced intentions to pursue a public listing sometime this year. Meanwhile, SpaceX completed its acquisition of xAI in February through a transaction that valued the merged companies at $1.25 trillion, and has recently submitted confidential documentation to the SEC for what may become a record-breaking initial public offering.


