Musk, Altman OpenAI trial begins with skeptical jurors in Oakland
Oakland jurors weighing Musk and OpenAI arrived with strong views already formed, forcing the court to test whether anyone could judge the case on the evidence alone.

Public opinion was part of the fight before the first witness took the stand in Elon Musk’s case against OpenAI. In a federal courtroom in Oakland, California, lawyers spent hours trying to seat jurors who could set aside strong feelings about Musk, Sam Altman and artificial intelligence long enough to decide whether OpenAI broke the promises that launched the company.
Nine jurors were seated from a pool of about 40 prospective jurors after roughly five hours of questioning. U.S. District Judge Yvonne Gonzalez Rogers told the room, “The reality is that people don’t like him,” referring to Musk, while noting that many people do not like Altman either. One prospective juror captured that skepticism bluntly, saying, “Elon doesn’t care about people.” The jury will hear about three weeks of testimony, but its role on liability will be advisory. Gonzalez Rogers will make the final decision.

OpenAI chief executive Altman and company president Greg Brockman attended jury selection. Musk did not. Opening arguments were scheduled to begin Tuesday, and the case is expected to test not only the claims of the man who helped found OpenAI in 2015, but also the future control of one of the most influential companies in artificial intelligence.
Musk sued OpenAI, Altman and Brockman in 2024, arguing that the company abandoned the nonprofit mission he says he backed when he donated $38 million to help start it. On Friday, Gonzalez Rogers dismissed Musk’s fraud claims at his request but left his breach of charitable trust and unjust enrichment claims in place. Reuters has reported that Musk is seeking $150 billion in damages, with any proceeds intended for OpenAI’s charitable arm.

The stakes extend well beyond a fight between two of Silicon Valley’s most polarizing figures. Reuters has reported that OpenAI is preparing for a potential initial public offering that could value it at $1 trillion, while Microsoft has roughly $13 billion invested in the company. Bloomberg Law noted that the jury process itself was being tested by public antipathy toward both Musk and the AI industry.

That tension was visible outside the courthouse, where protesters organized by Tesla Takedown and Quit GPT demonstrated under a banner that read, “Everyone Sucks Here.” Inside, the court’s first task was more basic: find jurors willing to decide whether the dispute is about broken promises, charitable purpose and control, rather than Musk’s celebrity, Altman’s standing or the broader backlash against artificial intelligence.
Know something we missed? Have a correction or additional information?
Submit a Tip

