Musk testifies in OpenAI trial over nonprofit mission dispute

Elon Musk spent the day in an Oakland federal courtroom trying to persuade jurors that he backed OpenAI for humanity, not for a fortune, while the company pressed the opposite case, that his account no longer matches his own record.

The trial before Judge Yvonne Gonzalez Rogers grew out of Musk’s 2024 lawsuit against OpenAI, Sam Altman and Greg Brockman over the company’s move away from nonprofit status. Musk testified on the second day of proceedings and was cross-examined the next day, a sharp exchange that turned on the origins of the startup he helped found in 2015 and what it was supposed to become.

Musk told the court he contributed about $38 million in early funding and other value because he wanted OpenAI to serve as a counterweight to Google after a split with Larry Page. He said he was not opposed to a small for-profit subsidiary, as long as “the tail didn't wag the dog.” OpenAI has called the lawsuit baseless and described it as a harassment campaign.

The numbers now surrounding the case are staggering. OpenAI completed a restructuring into a for-profit model overseen by a nonprofit foundation, and its latest funding round was reported at $122 billion, giving it a post-money valuation of about $852 billion. Musk’s lawsuit has also expanded beyond damages tied to his own complaint; he is seeking $134 billion, the removal of Altman and Brockman, and a return to nonprofit control.

The fight has become less about one contract than about who gets to define OpenAI’s identity. Musk has argued that the company is trying to keep the halo of a nonprofit while reaping the gains of a commercial giant. OpenAI, in turn, has pointed to Musk’s own conduct, saying he never delivered the full $1 billion he once promised and later walked away after losing confidence in the team.

That credibility gap has colored the courtroom drama. During cross-examination, OpenAI’s lawyer William Savitt pressed Musk on his earlier commitments, and Musk pushed back, saying the questions were “designed to trick me.” The judge had to intervene as the exchange grew tense. Musk also challenged the idea that only the money he wired mattered, saying the value of his reputation and other contributions was greater than the raw dollar figure.

The trial is expected to last about four weeks, with Altman and Brockman attending as the fight plays out in public. For Musk, the hard part may not be proving what OpenAI became. It may be persuading the jury that his own version of OpenAI’s founding still holds up against his prior claims.