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Jury Weighs Musk's $134 B Lawsuit Over OpenAI Trust Breach

5/18/2026

Summary

Musk Sues OpenAI

A jury began deliberations Monday in Oakland on entrepreneur Elon Musk’s lawsuit against OpenAI and CEO Sam Altman.
Musk claims Altman and co-founder Greg Brockman breached a charitable trust by turning OpenAI into a for-profit firm with his $38 million donation.
Altman testified he never promised Musk control and rejected Musk’s demand for 90 % ownership.
Musk seeks $134 billion to restore OpenAI’s nonprofit status, reverse the for-profit conversion, and stop its IPO.

Summary

Musk Testifies

Jury selection took place on April 27, 2026 in the Northern District of California.
Judge Yvonne Gonzalez Rogers narrowed the case to fraud and unjust enrichment claims.
OpenAI argues no contract bound it to stay nonprofit and cites Musk’s xAI venture to claim the suit is motivated.
Entrepreneur Elon Musk testified April 28-30, 2026 about his $44 million donation.
A fraud verdict could create precedent limiting AI nonprofit restructurings and affect partners such as Microsoft.

History

Historical Context

After AOL shut down Netscape’s browser unit in July 2003, the Mozilla Foundation was created with a $2 million seed donation and later launched the for-profit Mozilla Corporation in August 2005, overseen by Brendan Eich. The shift from nonprofit to profit mirrors Elon Musk’s 2023 claim that OpenAI’s new for-profit arm breaches his $44 million donation, a precedent courts may cite.

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Musk Sues OpenAI

A jury began deliberations Monday in Oakland on entrepreneur Elon Musk’s lawsuit against OpenAI and CEO Sam Altman.
Musk claims Altman and co-founder Greg Brockman breached a charitable trust by turning OpenAI into a for-profit firm with his $38 million donation.
Altman testified he never promised Musk control and rejected Musk’s demand for 90 % ownership.
Musk seeks $134 billion to restore OpenAI’s nonprofit status, reverse the for-profit conversion, and stop its IPO.

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