The long-running legal battle between Elon Musk and OpenAI is set to move into a courtroom, with jury selection beginning today at the federal courthouse in Oakland, California. The case will be overseen by Judge Yvonne Gonzalez Rogers and has already been described in earlier hearings as a “billionaires versus billionaires” dispute.
Background of the Lawsuit
Elon Musk, one of the co-founders of OpenAI, is suing the company over what he claims is a fundamental shift away from its original mission. According to Musk, OpenAI was created to develop artificial intelligence for the benefit of humanity and as an open-source effort, not a profit-driven enterprise.
Musk says he contributed around $38 million during OpenAI’s early stages based on that understanding. He alleges that company leadership, including CEO Sam Altman and President Greg Brockman, misled him about their intentions and later steered the organization toward a commercial model, particularly through its partnership with Microsoft.
The lawsuit argues that OpenAI moved away from its nonprofit roots and instead prioritized commercial expansion, contradicting its founding principles. Musk is seeking around $134 billion in damages and has also called for Sam Altman’s removal as CEO, stating that any awarded compensation should go to OpenAI’s nonprofit arm rather than himself.
OpenAI’s Response
OpenAI has strongly denied Musk’s claims, maintaining that it continues to focus on its core mission of building artificial general intelligence that benefits humanity.
The company counters that Musk is running a campaign against it motivated by personal and competitive interests. OpenAI says Musk left the organization in 2018 after internal disagreements and attempts to gain greater control were rejected by other founders.
In its public response, OpenAI also argues that Musk’s donation was fully used for its intended purpose and that his current claims attempt to reinterpret it as an investment rather than a philanthropic contribution.
What Happens Next
The case is expected to be closely watched across the tech industry given its implications for AI governance, corporate control, and the future of large-scale AI development. With jury selection beginning, the courtroom phase marks a major escalation in one of the most high-profile disputes in the artificial intelligence space.
