The jury in the Musk v. Altman trial is set to begin deliberations Monday, with an advisory verdict expected as early as next week. The case hinges on the credibility of Elon Musk and OpenAI CEO Sam Altman, as both sides presented final arguments on Friday.
Musk's lawyer, Steven Molo, argued that Altman and OpenAI President Greg Brockman broke a promise to keep OpenAI a nonprofit, instead creating a for-profit subsidiary that enriched themselves. 'They took Musk's money and ran,' Molo told the court.
OpenAI's attorney, Sarah Eddy, countered that no such promise was ever made, and that the nonprofit remains dedicated to safe AI development. She accused Musk of suing too late, claiming his real motive is to sabotage a competitor to his own AI company, xAI (which launched in 2023).
Musk is seeking to undo OpenAI's 2025 restructuring into a public benefit corporation, remove Altman and Brockman from their roles, and recover up to $134 billion in damages from OpenAI and Microsoft—to be awarded to OpenAI's nonprofit.
Altman, under cross-examination, was grilled about alleged lies and self-dealing with companies that do business with OpenAI. But he turned the tables, portraying Musk as a power-seeker who wanted to control artificial general intelligence (AGI).
According to Altman, during a 2017 discussion about a for-profit arm, Musk was asked what would happen to his control if he died. 'Maybe the control of OpenAI should pass to my children,' Musk allegedly replied.
As evidence of OpenAI's commitment to safety, the defense presented a golden trophy of a donkey's ass—a gift to an employee called a 'jackass' for resisting Musk's aggressive AGI timeline.
Background
The trial stems from a 2023 lawsuit filed by Musk, who co-founded OpenAI in 2015. He alleges the company betrayed its nonprofit mission by creating a for-profit subsidiary that enriched Altman, Brockman, and Microsoft.
OpenAI plans an IPO that could value it near $1 trillion. Meanwhile, Musk's xAI is expected to go public as part of SpaceX as early as June, with a target valuation of $1.75 trillion.
The jury's verdict is advisory only; the judge will make the final ruling.
What This Means
If the judge sides with Musk, OpenAI's IPO could be upended, reshaping the competitive landscape for artificial general intelligence. A ruling against OpenAI could also boost Musk's position as a leading voice in AI safety.
Conversely, if Altman prevails, it validates OpenAI's for-profit restructuring and may accelerate its path to a trillion-dollar valuation. The decision will have ripple effects across the AI industry, influencing how other companies balance profit with public benefit missions.