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28 Apr 2026
Musk and Altman face off in OpenAI nonprofit-to-profit trial in Oakland federal court

Oakland, United States. Opening statements began Tuesday in Elon Musk’s civil lawsuit against OpenAI and Sam Altman over the company’s evolution from a nonprofit into a profit-seeking business. The trial is being heard in federal court in Oakland, California.


Jury selected and trial timeline

Opening statements took place after nine jurors were selected on Monday. U.S. District Judge Yvonne Gonzalez Rogers said she wants jurors to begin deliberations on the defendants’ liability by May 12.

Musk’s claims against OpenAI leadership

Musk claims Altman and Greg Brockman, OpenAI’s chief executive and president, betrayed him and the public by abandoning OpenAI’s mission to be a benevolent steward of artificial intelligence for the benefit of humanity, and turning it into what he called a “wealth machine” for themselves and investors.

Damages and requested remedies

Musk is seeking $150 billion in damages from OpenAI and Microsoft, one of its largest investors, with proceeds going to OpenAI’s charitable arm. He also wants OpenAI to revert to a nonprofit, with Altman and Brockman removed as officers and Altman removed from its board.

Musk is no longer seeking damages for himself as he pursues breach of charitable trust and unjust enrichment claims.

Background and OpenAI’s response

Musk, the Tesla and SpaceX founder, has said he provided about $38 million of seed money to OpenAI for its original mission, and later saw the company create a for-profit entity in March 2019, a little over a year after he left its board.

OpenAI has countered that Musk knew about and supported the transformation, and that he sued only after failing to become CEO and starting his own AI company to stunt OpenAI’s growth.

Court appearance

Both Musk and Altman arrived at the courthouse early Tuesday for opening statements.


What outcome do you think the jury should reach on whether OpenAI’s leaders are liable?

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