Opening arguments begin in Elon Musk lawsuit versus OpenAI in Oakland
Apr 28, 2026
Opening statements are underway in Elon Musk’s $134 billion lawsuit against OpenAI, as attorneys for both sides lay out their arguments in federal court in Oakland.
Musk was seen arriving at court Tuesday ahead of his expected testimony. OpenAI CEO Sam Altman also arrived with his legal team as
proceedings began.
Musk, who co-founded OpenAI, alleges the company violated its original mission to operate as a nonprofit focused on developing artificial intelligence for the benefit of humanity. His attorney told jurors that Musk invested about $38 million to help launch OpenAI with the goal of keeping its technology open source and prioritizing public safety over profit.
To support that mission, OpenAI created a for-profit subsidiary, which Musk’s lawyer compared to “a museum store that supports a nonprofit museum.” However, Musk argues the company has since shifted toward a profit-driven model, backed by billions of dollars in investment from Microsoft, which is also named as a co-defendant in the case.
“No one should be allowed to steal a charity,” Musk’s attorney said in court.
OpenAI’s legal team pushed back, calling the lawsuit a “pageant of hypocrisy.” The company argues Musk is motivated by competition from his own artificial intelligence venture, xAI, and said OpenAI made no binding promises tied to his early investment.
Attorneys for OpenAI also said Musk once sought to turn the company into a fully for-profit operation and take control, but other founders rejected the idea. They further argue Musk waited too long to file the lawsuit, beyond the statute of limitations.
The trial is expected to last about three weeks before the case goes to an advisory jury. A federal judge will ultimately determine liability and any damages.
Artificial intelligence
Apr 27
Elon Musk, Sam Altman head to court in high-stakes showdown over AI
Artificial intelligence
Apr 26
What's at stake in the Elon Musk-Sam Altman trial
...read more
read less