9 California Jurors Deliberate Musk’s OpenAI Claims Over $10 Billion Microsoft Deal
Updated
Updated · TechCrunch · May 14
9 California Jurors Deliberate Musk’s OpenAI Claims Over $10 Billion Microsoft Deal
15 articles · Updated · TechCrunch · May 14
Nine California jurors began weighing Elon Musk’s claims that OpenAI, Sam Altman, Greg Brockman and Microsoft misused his donations and steered the lab away from its charitable mission.
At issue are three narrow counts—breach of charitable trust, unjust enrichment and Microsoft’s alleged aiding and abetting—with Musk’s side pointing to Microsoft’s $10 billion 2023 investment as the clearest break from OpenAI’s original nonprofit purpose.
OpenAI countered that no witness identified specific restrictions on Musk’s donations, a forensic accountant said the funds were spent before Aug. 5, 2021, and the company’s for-profit arm still advances the nonprofit mission.
The defense also argued Musk waited too long to sue in 2024, could have known OpenAI’s structure from 2018 documents and public statements, and acted with 'unclean hands' while pursuing his own AI ambitions.
A plaintiff victory could threaten OpenAI’s for-profit structure; the judge is set to hold hearings next week on what remedies such a verdict might trigger.
Did Musk's own for-profit AI ambitions fatally undermine his lawsuit against OpenAI?
Can any corporate structure truly safeguard artificial general intelligence for humanity?
$1 Trillion at Stake: Musk v. OpenAI/Microsoft Verdict to Decide Future of AI Governance
Overview
The federal trial between Elon Musk and OpenAI/Microsoft is reaching its climax, with closing arguments set for May 15, 2026, and the nine-person jury soon to begin deliberations. Musk, who initiated the lawsuit after leaving OpenAI, was notably absent from the courtroom this week due to a trip to China with Donald Trump. The case centers on whether OpenAI, with significant investment from Microsoft, strayed from its original non-profit mission. The jury’s findings will be advisory, but the final verdict will be decided by Judge Yvonne Gonzalez Rogers, marking a pivotal moment for AI governance and corporate responsibility.