TLDR
- Elon Musk claims he created OpenAI from the ground up, providing initial capital and recruiting top talent
- The billionaire’s lawsuit targets OpenAI, Sam Altman, and Greg Brockman for allegedly abandoning nonprofit principles
- Musk’s legal claim demands $150 billion in compensation, intended for OpenAI’s charitable division
- Defense attorneys contend Musk initiated litigation after failing to secure company leadership
- The presiding judge cautioned Musk about inflammatory social media commentary, including calling Altman “Scam Altman”
In a San Francisco courtroom this Tuesday, Elon Musk delivered sworn testimony in his high-stakes legal battle against OpenAI and its top executives Sam Altman and Greg Brockman. The case hinges on allegations that OpenAI violated its founding commitment to operate as a nonprofit serving humanity’s interests.
🚨An email exchange from September 2017 was just shown to jurors
Musk: “Either go do something on your own or continue with OpenAI as a nonprofit.”
Altman: “I remain enthusiastic about the non-profit structure!”
The same month Brockman wrote in his diary: “i cannot believe… pic.twitter.com/VDrqrObrzE
— NIK (@ns123abc) April 28, 2026
During his testimony, Musk asserted that OpenAI was his brainchild, claiming he assembled the founding team and bankrolled the organization’s launch. “I came up with the idea, the name, recruited the key people, taught them everything I know, provided all of the initial funding,” the entrepreneur declared under oath.
Musk emphasized his intentional choice to establish the entity as a nonprofit organization. “It was specifically meant to be for a charity that does not benefit any individual person,” he explained. “I could’ve started it as a for-profit and I specifically chose not to.”
The tech mogul positioned his legal action as protecting America’s charitable sector. “If we make it OK to loot a charity, the entire foundation of charitable giving in America will be destroyed,” he warned.
The lawsuit seeks $150 billion from OpenAI and Microsoft, with any awarded funds designated for OpenAI’s charitable branch. Musk’s demands also include Altman’s removal from leadership and converting the company back to nonprofit status.
OpenAI Pushes Back
OpenAI’s chief counsel William Savitt presented jurors with an alternative narrative. According to Savitt, Musk endorsed converting to a profit-driven structure, but only under the condition that he maintained control. After being rebuffed, Musk established his competing venture, xAI, in 2023.
“What he cares about is Elon Musk being on top,” Savitt argued. “We are here because Mr. Musk didn’t get his way.”
Savitt further alleged that Musk showed little genuine concern for artificial intelligence safety protocols, reportedly labeling OpenAI staff members focused on safety precautions as “jackasses.”
Defense counsel argued that establishing a for-profit arm in 2019 became essential to remain competitive with Google’s DeepMind division and to recruit elite AI researchers.
Judge Warns Musk on Social Media
Prior to hearing testimony, U.S. District Judge Yvonne Gonzalez Rogers directly confronted Musk regarding his X platform posts, where he dubbed Altman “Scam Altman” and leveled accusations of charitable theft.
While declining to impose a formal gag order, the judge strongly recommended Musk curtail his social media activity throughout trial proceedings. Musk consented to the request. Altman accepted comparable restrictions.
Microsoft’s legal representative Russell Cohen maintained that his client has been “a responsible partner every step of the way.” The tech giant committed $10 billion to OpenAI during January 2023.
Musk’s testimony revealed that discussions with Google co-founder Larry Page heightened his AI safety worries, as Page allegedly dismissed the potential dangers.
OpenAI’s current market valuation exceeds $850 billion. Industry analysts suggest a public offering could elevate the company’s worth to $1 trillion.
Musk’s testimony resumes Wednesday. Both Altman and Microsoft CEO Satya Nadella are scheduled to take the witness stand.
