Full Breakdown
Musk’s Absence from OpenAI Trial Sparks Tension
5/15/2026, 3:29:51 AM
Closing Arguments Amid China Visit
Judge Yvonne Gonzalez Rogers oversaw the trial in Oakland where Elon Musk sued OpenAI co-founders Sam Altman and Greg Brockman for allegedly breaking a nonprofit pledge. As closing arguments began, Musk was in Beijing with Donald Trump, a trip that began a day earlier and left him on “recall status,” requiring his availability for testimony.
Legal Background and Financial Stakes
OpenAI began as a nonprofit research institute. In 2017 its leaders discussed a for-profit arm to fund computing resources. Musk, an early donor, says shift breached agreement and enriched Altman and Greg Brockman. OpenAI says a nonprofit foundation still controls the entity and that Musk agreed to the for-profit structure. The foundation’s stake in the for-profit side was $130 billion last year; Brockman’s personal stake is about $30 billion.
Key Figures
Elon Musk (plaintiff), counsel Steven Molo, OpenAI CEOs Sam Altman and Greg Brockman (defendants), OpenAI attorney Sarah Eddy, Yvonne Gonzalez Rogers, Donald Trump, and Xi Jinping.
Timeline
April 2026 – trial begins; Musk testifies three days. April 30 – Musk leaves stand, judge places him on recall status. May 13 – Musk travels to China with Trump. May 14 – closing arguments; Musk absent. May 15 – jury slated to deliberate; Musk to speak in Israel.
Official Statements & Responses
Molo told jurors Musk’s absence should not be seen as indifference, emphasizing his passion and questioning Altman’s credibility, while arguing foundation’s larger stake does not excuse misconduct. Eddy said Musk’s testimony is contradicted by every witness, noted his early push for a for-profit model, and stressed statute-of-limitations defense. Court spokesperson said it was unclear whether Musk obtained permission for his travel.
Criticism & Opposition
OpenAI’s lawyers called Musk’s suit a statute-of-limitations claim, arguing the allegations are untimely, unsupported, and contradicted by documents showing Musk’s own support for a for-profit structure.
Conflicting Reports & Gaps
Sources disagree on whether Musk formally sought approval for his China trip; spokesperson could not confirm any permission. The timing of the alleged nonprofit breach also remains disputed.
Verbatim Quotes
- “He’s sorry that he could not be here, but I think you saw from his testimony that this is something that he’s passionate about,” — Steven Molo, Lead Counsel for Elon Musk
- “If a bridge was built on Sam Altman’s reputation for telling the truth, I don’t think you’d cross that bridge,” — Steven Molo
- “Mr. Musk is the one whose testimony is contradicted by every witness and all the documents,” — Sarah Eddy, OpenAI Attorney
- “In this case the statute of limitations is not a technical defense. It’s a textbook case for why we have a statute-of-limitations defense in the first place,” — Sarah Eddy
What's Next
The jury will start deliberations Monday, with a verdict expected in weeks. Musk will speak at a transportation conference in Israel later that week, and may still be recalled if testimony is needed.
