A mix picture exhibits CEO of OpenAI Sam Altman (L) on April 28, 2026 and Elon Musk on April 29, 2026 throughout the trial in Elon Musk’s lawsuit over OpenAI for-profit conversion at a federal courthouse in Oakland, California, U.S.
Manuel Orbegozo | Reuters
In December 2015, Elon Musk and Sam Altman sat collectively on the Vainness Truthful New Institution Summit in San Francisco for an interview, publicly touting their new partnership as co-chairs of a fledgling synthetic intelligence analysis lab.
Musk was a multibillionaire on account of his stake in Tesla, which had gone public 5 years earlier, and Altman was operating famed startup incubator Y Combinator. The pair had been working carefully that yr on an AI initiative they hoped would stop Google from establishing monopoly management over the highly effective expertise. Their challenge, a nonprofit, was referred to as OpenAI.
Over the previous three weeks, the collapse of the once-tight bond between two of essentially the most distinguished names in AI has been the topic of a high-profile trial in Oakland, California, after Musk sued Altman and OpenAI in 2024 for allegedly violating their dedication to maintain OpenAI as a nonprofit. OpenAI is now valued at over $850 billion, and Musk’s SpaceX has a valuation of $1.25 trillion after merging together with his AI lab, xAI, in February.
Each corporations are racing for the general public market, with SpaceX anticipated to reveal its prospectus as quickly as this week, forward of what could possibly be a document providing subsequent month. Earlier than getting to handle keen traders, Musk needed to testify to a jury in downtown Oakland in an effort to show his case and, if profitable, doubtlessly throw a significant wrench into OpenAI’s bold plans.
“What you possibly can’t do is have your cake and eat it too,” Musk stated on April 29, in response to questioning from OpenAI’s counsel. He accused Altman and Greg Brockman, OpenAI’s president and one other co-founder, of enriching themselves from a charity whereas additionally making an attempt to reap the optimistic associations that come from operating a nonprofit.
Musk used his time on the witness stand to emphasise a message that he is been shouting on his social media app X, additionally now owned by SpaceX, for years: OpenAI would not exist with out him.
“I got here up with the thought, the title, recruited the important thing individuals, taught them every thing I do know, supplied all of the preliminary funding,” Musk stated.

Altman testified final week that he and his co-founders did not make any commitments to Musk in regards to the firm’s company construction.
An enormous downside from the early days, he argued, was that Musk felt very strongly about having complete management over OpenAI, a minimum of initially, partially as a result of Musk did not belief different individuals to make choices.
“I used to be extraordinarily uncomfortable with it,” Altman testified, concerning Musk’s quest for energy.
Legal professionals for Musk and OpenAI concluded their closing arguments on Thursday after three weeks of proceedings. A jury will start deliberations on Monday to find out the validity of Musk’s claims and if OpenAI, Altman and Brockman needs to be held accountable for a breach of charitable belief and unjust enrichment.
Whatever the final consequence, neither tech magnate is more likely to win within the courtroom of public opinion, stated College of California at Berkeley Regulation College professor Stavros Gadinis.
“After weeks of damaging testimony, the general public is left selecting between two dueling billionaires, every satisfied he’s the rightful steward of transformative expertise,” Gadinis stated by e-mail. “The reply most individuals will attain is: neither.”
The way it began
The partnership started 11 years in the past, in Could 2015, when Altman emailed Musk asking if he thought it could be a good suggestion for Y Combinator to begin a “Manhattan Challenge for AI.” Musk stated the thought was “in all probability value a dialog.”
OpenAI launched in December 2015, with Musk committing to fund the charity with as much as $1 billion.
“I am tremendous impressed with everybody up to now,” Musk wrote to Altman in November 2015, based on emails that have been made public as a part of discovery within the case. “This can be a nice staff.”
Cracks started forming by 2017.
Although OpenAI was making progress on analysis and growth, Musk had demanded that Altman and different co-founders, together with Brockman and Ilya Sutskever, make an inventory of workers and their key contributions, and fireplace everybody who did not instantly make the grade, filings present.
OpenAI was burning money and wanted considerably extra for computing sources. Leaders mentioned changing the lab right into a for revenue. The query of who needs to be CEO and maintain controlling stakes loomed massive, notably for Musk, who sought as a lot as 90% possession in a for-profit entity.
Altman and different co-founders declined, arguing that no single individual or group ought to have unilateral management over “synthetic normal intelligence,” expertise that will show smarter than a human.
A key level of pressure within the relationship emerged in June 2017, when Tesla poached Andrej Karpathy, an AI researcher, from OpenAI. In textual content messages between Musk and his workers, together with OpenAI board member Shivon Zilis and a challenge director Sam Teller, Musk’s staff cheered the rent, based on correspondence made public in discovery.
Lawyer Steven Molo questions his shopper Elon Musk as OpenAI CEO Sam Altman watches, throughout Musk’s lawsuit trial over OpenAI’s for-profit conversion earlier than U.S. District Decide Yvonne Gonzalez Rogers at a federal courthouse in Oakland, California, U.S., April 29, 2026 in a courtroom sketch.
Vicki Behringer | Reuters
Zilis, who has 4 youngsters with Musk, took the stand earlier this month and was questioned by legal professionals for each side in regards to the conversations she had about OpenAI’s company construction round 2017 and 2018, in addition to whether or not Tesla was making an attempt to poach OpenAI workers whereas she was on the board.
After an OpenAI lawyer confirmed Zilis textual content messages together with her celebrating Karpathy’s acceptance of Musk’s job provide, Zilis conceded that Musk approached Karpathy first.
Musk later supplied his OpenAI co-founders “an apology and a confession,” Brockman recalled throughout his testimony.
Whereas inner drama was brewing, OpenAI’s expertise continued to advance. By August 2017, its techniques have been in a position to beat the world’s high gamers of Dota 2, a multi-player motion sport. Musk promoted the accomplishment on Twitter.
“OpenAI first ever to defeat world’s greatest gamers in aggressive eSports,” Musk wrote. “Vastly extra complicated than conventional board video games like chess & Go.”
A month later, he instructed Altman and different OpenAI leaders in an e-mail that he’d “had sufficient.” If he could not have management over OpenAI, he was able to stroll.
“Both go do one thing by yourself or proceed with OpenAI as a nonprofit,” Musk wrote in an e-mail that was disclosed in a courtroom submitting. “I’ll not fund OpenAI till you might have made a agency dedication to remain or I am simply being a idiot who is actually offering free funding so that you can create a startup.”
Musk had ended his month-to-month contributions to the corporate. Removed from placing in $1 billion, his donations totaled round $38 million.
‘Tesla is a automobile firm’
With OpenAI determined for help, Musk, Zilis and Teller made one final push to carry the lab below Musk’s management, suggesting it ought to fold into Tesla. In an effort to sway Altman, Musk’s staff invited him for a tour of a Tesla manufacturing unit and promised him a board seat at Tesla.
Altman stated throughout his testimony that he did not suppose it was the proper match, and he fearful that the nonprofit would have successfully been destroyed if it turned a part of Tesla.
“Tesla is a automobile firm, and it doesn’t have the mission of OpenAI,” Altman stated on the stand. “I do not suppose we’d’ve had the flexibility to make sure that the mission was acted on.”
After the merger effort was rejected, Musk wrote in a December 2018 e-mail to Altman and OpenAI management that his “chance evaluation of OpenAI being related to DeepMind/Google with out a dramatic change in execution and sources is 0%. Not 1%.”
Musk testified that the for-profit affiliate OpenAI created has grow to be the “tail wagging the canine,” and violates the founding charity’s mission and guarantees the founders allegedly made to him.
Musk left the OpenAI board in 2018, a transfer that OpenAI stated in a weblog put up was essential to “remove a possible future battle for Elon” as Tesla began to focus extra on AI.
For the subsequent 5 years, Musk hardly ever talked about OpenAI in public. And no matter rifts had fashioned in his relationship with Altman have been largely absent from social media.
Altman often praised Musk on Twitter, writing in 2019 that “betting towards Elon is traditionally a mistake,” and posting in October 2022, that Musk serves as “a reminder of simply how a lot one individual can do.”
The latter put up got here a month earlier than OpenAI launched ChatGPT. That is when every thing modified, because the generative AI growth led to a surge of funding within the house. In January 2023, Microsoft pumped $10 billion into OpenAI, making clear that the race to commercialization was underway. OpenAI had already established a for-profit subsidiary.
Microsoft CEO Satya Nadella, proper, greets OpenAI CEO Sam Altman throughout the OpenAI DevDay occasion in San Francisco on Nov. 6, 2023.
Justin Sullivan | Getty Photos Information | Getty Photos
Musk started bashing Altman and OpenAI on-line. He ranted in a put up on Twitter, which Musk had bought by then and was later renamed X, in regards to the startup’s funding and partnership with Microsoft:
“OpenAI was created as an open supply (which is why I named it ‘Open’ AI), non-profit firm to function a counterweight to Google, however now it has grow to be a closed supply, maximum-profit firm successfully managed by Microsoft,” Musk wrote in a put up in February 2023. “Not what I supposed in any respect.”
Altman responded with a textual content that was launched in a courtroom submitting.
“i’m tremendously grateful for every thing you’ve got finished to assist—i do not suppose openai would have occurred with out you—and it actually f—ing hurts while you publicly assault openai,” Altman wrote to Musk.
Musk was undeterred. In March 2023, he integrated xAI, intending for it to grow to be a direct competitor to OpenAI, even actively recruiting from the corporate. Zilis, who by that time had youngsters with Musk, resigned from the OpenAI board.
She was headed in that path the prior month, writing in a textual content message to a good friend that, “When the daddy of your infants begins a aggressive effort and can recruit out of OpenAI there’s nothing to be finished.”
Since submitting his lawsuit in 2024, Musk has escalated his confrontation together with his OpenAI co-founders, totally on his most popular platform X, calling the 2 high leaders “Rip-off Altman” and “Greg Stockman”.
“I might have began OpenAI as a for-profit company,” he wrote in a put up on X simply because the trial was getting underway. “As a substitute, I began it, funded it, recruited crucial expertise and taught them every thing I find out about learn how to make a startup profitable FOR THE PUBLIC GOOD. Then they stole the charity.”
—CNBC’s Kate Rooney contributed to this report.
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