Billionaire entrepreneur Elon Musk has successfully convinced a federal judge to allow his lawsuit against OpenAI, the organization known for creating ChatGPT, to proceed to jury trial. Musk alleges that OpenAI has deviated from its founding mission by transitioning to a for-profit model, which he claims undermines the organization’s original commitment to public benefit.
U.S. District Judge Yvonne Gonzalez Rogers, during a hearing in Oakland, California, indicated there was “plenty of evidence” suggesting that OpenAI’s leadership had previously guaranteed that the organization would retain its nonprofit status. With disputed facts present, the judge ruled that it was appropriate for a jury to review the case, which is scheduled for trial in March.
Musk, who co-founded OpenAI in 2015 but departed from the organization in 2018, is currently the head of a competing AI venture, xAI. He is seeking unspecified monetary damages, which he describes as “ill-gotten gains” accrued by OpenAI. His lawsuit comes amid intense competition in the generative artificial intelligence market, where xAI’s chatbot, Grok, is pitted against OpenAI and other tech firms.
In response to the hearing, OpenAI dismissed Musk’s lawsuit as “baseless,” claiming it reflects a pattern of harassment from the billionaire. The company expressed eagerness to demonstrate this perspective in court. Musk’s lead attorney, Steven Molo, noted that they are prepared to present evidence of alleged wrongdoing by OpenAI to the jury.
The lawsuit highlights Musk’s significant financial stake in OpenAI, with claims that he contributed around $38 million, or roughly 60% of the organization’s initial funding, under assurances that it would remain focused on nonprofit objectives. Musk alleges that OpenAI’s co-founders, Sam Altman and Greg Brockman, orchestrated a shift towards a for-profit structure primarily for their personal enrichment, culminating in lucrative partnerships, including those with Microsoft.
OpenAI, along with Altman and Brockman, has strongly refuted Musk’s claims. They argue that he is primarily a frustrated competitor trying to impede a leading entity in the market driven by the mission to innovate. Microsoft, also named in the lawsuit, has sought to have the case dismissed, refuting any allegations of complicity in OpenAI’s actions.
During the proceedings, attorneys for OpenAI requested that the judge make a ruling against Musk, asserting that he failed to provide sufficient factual support for claims like fraud and breach of contract, and contending that his allegations were filed after the statute of limitations had expired. Judge Gonzalez Rogers mentioned that the jury would need to determine if Musk’s lawsuit was indeed timely filed.
The upcoming trial will likely bring further scrutiny to the dynamics within the rapidly evolving field of artificial intelligence, underscoring the tension between original nonprofit missions and the pressures of commercial success.

