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Musk Seeks $38 M Profit Disgorgement from OpenAI Subsidiary

4/29/2026

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Summary

Story summary

Elon Musk's complaint asks court to order disgorgement of profits from OpenAI’s subsidiary to its nonprofit foundation.
The lawsuit entered the Oakland courtroom when a nine-person jury was selected on April 27, 2026.
Elon Musk contributed $38 million to OpenAI 2015 to 2020 and left the board in 2018 after a dispute.
The parties will call witnesses including Elon Musk and Sam Altman, with the trial expected to last three to four weeks.

History

Historical Context

In 1998 the U.S. Department of Justice and twenty states sued Microsoft, alleging monopoly power in PC operating systems and browser bundling. The case forced API sharing and led to a $1.1 billion settlement, creating a precedent for courts to order financial restitution. The 2026 OpenAI lawsuit echoes that legacy by seeking profit disgorgement.

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Story summary

Elon Musk's complaint asks court to order disgorgement of profits from OpenAI’s subsidiary to its nonprofit foundation.
The lawsuit entered the Oakland courtroom when a nine-person jury was selected on April 27, 2026.
Elon Musk contributed $38 million to OpenAI 2015 to 2020 and left the board in 2018 after a dispute.
The parties will call witnesses including Elon Musk and Sam Altman, with the trial expected to last three to four weeks.

1 / 2