Elon gets his day in trial against OpenAI
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Elon Musk took the stand as the first witness in his billion-dollar lawsuit against OpenAI on Tuesday in federal court in Oakland, California.
Why it matters: A verdict against OpenAI could reshape who controls one of the most valuable private companies in the world.
The big picture: Musk is asking a court to put legal limits on OpenAI's transformation from charity-backed research lab to AI superpower.
- Musk said it's very simple. "It's not okay to steal a charity."
Catch up quick: The case stems from Musk's 2024 lawsuit accusing OpenAI CEO Sam Altman, co-founder and president Greg Brockman, and Microsoft of betraying the company's original nonprofit mission to benefit humanity.
- Musk co-founded OpenAI in 2015. OpenAI says he donated $38 million before leaving the board in 2018.
- The CEO of SpaceX and Tesla now runs xAI, a direct competitor.
Zoom in: Musk is seeking sweeping remedies, including changes to OpenAI's corporate structure, removal of Altman and Brockman, and damages that he has said should go back to OpenAI's nonprofit arm.
- His side has put the potential damages in the hundreds of billions.
The other side: OpenAI says Musk is motivated by jealousy and regret for walking away from OpenAI.
- The company says Musk donated $38 million to the OpenAI nonprofit, which was "spent exactly as intended and in service of the mission."
- Expect "a tale of two Elons," attorney William Savitt, representing OpenAI, Altman and Brockman, said in his opening statement.
- Russell Cohen, representing Microsoft, asserted that Musk changed his tune about OpenAI's non-profit status only after the success of ChatGPT.
Friction point: U.S. District Judge Yvonne Gonzalez Rogers warned Musk and Altman ahead of opening arguments to keep the fight off social media.
- "Control your propensity to use social media to make things worse outside this courtroom," the judge said.
- Musk alleged on X Monday that Altman and Brockman "stole a charity," accusing both of securing personal benefits while referring to Altman as "Scam."
- Musk said in court on Tuesday blamed the other side. "Only after they posted very publicly about this case, only then did I respond," he said.
State of play: OpenAI is also facing scrutiny outside the Musk case.
- Florida Attorney General James Uthmeier launched a criminal investigation into OpenAI and ChatGPT last week after prosecutors reviewed chats involving Phoenix Ikner, the accused gunman in the 2025 Florida State University shooting.
What's next: The trial is set to run roughly four weeks. OpenAI is targeting a Q4 IPO at a reported $852 billion valuation.
