A significant legal battle appears to be on the horizon as Sam Altman, CEO of OpenAI, and Elon Musk prepare to face off in court. During a recent hearing, U.S. District Judge Yvonne Gonzalez Rogers indicated her intent to allow Musk’s lawsuit against OpenAI and its CEO to proceed to trial. This revelation came during a session to evaluate whether sufficient evidence existed to justify a jury trial.
Musk’s lawsuit, filed in 2024, accuses OpenAI of misleading him regarding its strategic shift from a nonprofit to a profit-driven entity. He cites the company’s partnership with Microsoft as a crucial part of this alleged deception. Musk contends that his $38 million in donations over the years were made with the understanding that OpenAI would remain committed to its original mission of developing beneficial AI for humanity.
During the hearing, Judge Gonzalez Rogers noted her belief that there is ample circumstantial evidence supporting Musk’s claims. She emphasized that the matter must be resolved by a jury, stating, “There were assurances made, and promises made, that the structure would be maintained. There was lots of information that was not shared.” The judge’s comments indicate that she recognizes the potential validity of Musk’s assertions, suggesting a compelling case for jurors to consider.
Musk is not just seeking financial reparations; he aims to have the licensing agreement between Microsoft and OpenAI rendered void. This aspect of the lawsuit underscores the high stakes involved, given the critical role Microsoft plays in OpenAI’s current operations.
In response, OpenAI’s legal team has vehemently denied Musk’s allegations, claiming that he was fully aware of the organization’s transition to a for-profit model as early as 2018. They argue that OpenAI is still governed by its nonprofit wing and assert that Musk’s lawsuit is unfounded, labeling it a continuation of what they describe as his pattern of harassment.
A spokesperson for OpenAI stated, “Mr. Musk’s lawsuit continues to be baseless and a part of his ongoing pattern of harassment, and we look forward to demonstrating this at trial.” They reaffirmed their commitment to the OpenAI Foundation, which they describe as highly resourced and focused on its nonprofit mission.
Musk’s legal representation expressed satisfaction with the judge’s ruling, indicating that they are prepared to present substantial evidence of alleged wrongdoing by OpenAI. In the backdrop of this escalating legal feud, Musk has also filed additional lawsuits against OpenAI through his AI venture, xAI, most recently accusing the company of misappropriating trade secrets and targeting his employees for recruitment.
Having co-founded OpenAI in 2015, Musk departed in 2018, citing potential conflicts with Tesla’s AI initiatives. Since then, he has publicly criticized Altman and the company’s strategic choices, particularly as he continues to develop his own AI endeavors.
With a trial scheduled for March, both sides appear poised for a contentious courtroom showdown that could have far-reaching implications for the future of artificial intelligence development and corporate governance in the tech sector.

