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Judge Bars Musk's Text, Allows Testimony in OpenAI Lawsuit

5/4/2026

Summary

Musk Text Inadmissible

Judge Yvonne Gonzalez Rogers ruled entrepreneur Elon Musk’s April 25 text to OpenAI President Greg Brockman inadmissible, though she permitted its use in his testimony.
The trial began last week in Oakland, California after entrepreneur Elon Musk sued OpenAI, OpenAI President Greg Brockman and CEO Sam Altman in 2024.
Entrepreneur Elon Musk alleges OpenAI abandoned its nonprofit mission, turned into a for-profit benefit corporation, and improperly enriched its leaders.

Summary

Microsoft loosens grip

Microsoft’s revised partnership with OpenAI ends revenue-share payments, removes exclusivity, and lets OpenAI sell its technology on competing clouds.
The new agreement gives OpenAI greater freedom to license its models beyond Microsoft’s Azure service.
Elon Musk’s lawsuit alleges that Microsoft benefited from and helped enable OpenAI’s shift away from its original charitable mission.
The filing says the deal loosens Microsoft’s grip while Microsoft remains one of OpenAI’s largest investors.

Summary

Musk Sues Rival

Elon Musk, xAI founder and its chatbot Grok creator, is using a lawsuit to challenge a rival AI firm.
The dispute underscores Musk’s shift from a 2015 $38 million nonprofit donation to a for-profit AI venture.
Musk offered a settlement on April 25, 2026, just before the April 27 jury selection, a pressure tactic.
Brockman’s private diaries from before his 2018 exit will be examined, potentially affecting xAI launches in the Oakland trial.

History

Historical Context

OpenAI began in 2015 as a nonprofit research lab. In 2019 it converted to a capped-profit model, letting Microsoft invest $1 billion and secure exclusive Azure cloud rights, while profit was limited to 100 times any investment. That structure now underlies the 2024 lawsuits filed by Elon Musk, Greg Brockman and Sam Altman, who argue the deal pushed OpenAI toward commercial profit.

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Musk Text Inadmissible

Judge Yvonne Gonzalez Rogers ruled entrepreneur Elon Musk’s April 25 text to OpenAI President Greg Brockman inadmissible, though she permitted its use in his testimony.
The trial began last week in Oakland, California after entrepreneur Elon Musk sued OpenAI, OpenAI President Greg Brockman and CEO Sam Altman in 2024.
Entrepreneur Elon Musk alleges OpenAI abandoned its nonprofit mission, turned into a for-profit benefit corporation, and improperly enriched its leaders.

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