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OpenAIOpenAI
FUNDING & BUSINESSOpenAI2026-05-03

Musk Takes Stand in Trial Against OpenAI, Claims He Was Deceived Into Funding $800 Billion Company

Key Takeaways

  • ▸Musk alleges he was duped into providing $38 million in free funding to OpenAI under the premise it would remain a nonprofit, only to see it restructured as a for-profit venture
  • ▸The trial centers on OpenAI's 2023 restructuring from nonprofit to for-profit subsidiary, with potential implications for the company's planned IPO valued near $1 trillion
  • ▸Both Musk and OpenAI are claiming to be the true steward of AI safety; the judge expressed skepticism about both parties' commitment to safety given their competitive AI ventures
Sources:
Hacker Newshttps://www.technologyreview.com/2026/05/01/1136800/musk-v-altman-week-1-musk-says-he-was-duped-warns-ai-could-kill-us-all-and-admits-that-xai-distills-openais-models/↗
Hacker Newshttps://apnews.com/article/musk-altman-openai-nonprofit-trial-bdbe85d62c2b678458fe68148eb6fba5↗

Summary

In the first week of a landmark federal trial in Oakland, California, Elon Musk testified that OpenAI CEO Sam Altman and president Greg Brockman deceived him into providing $38 million in free funding to launch what would become an $800 billion company. Musk argued he believed he was funding a nonprofit dedicated to developing AI for humanity's benefit, not a vehicle for executive enrichment. The lawsuit seeks to remove Altman and Brockman from their roles and unwind OpenAI's 2023 restructuring that allowed the company to operate a for-profit subsidiary—a decision that could upend OpenAI's planned IPO at a valuation approaching $1 trillion.

During testimony, Musk positioned himself as a longtime advocate for AI safety, warning the jury that "the worst-case scenario is a Terminator situation where AI kills us all." However, OpenAI's lawyer William Savitt countered that Musk was never genuinely committed to the nonprofit mission and is instead using the lawsuit to undermine a competitor. The courtroom debate over who bears true responsibility for AI safety proved contentious, with Judge Yvonne Gonzalez Rogers eventually shutting down the sparring, remarking that both parties are building AI systems despite professed existential concerns.

The trial also revealed that Musk's own AI company xAI uses OpenAI's models to train its chatbot Grok, and that Musk has poached OpenAI employees for his other ventures. Meanwhile, xAI is preparing to go public as part of SpaceX in June at a target valuation of $1.75 trillion, raising questions about potential conflicts of interest in the litigation.

  • Musk's xAI company trains Grok using OpenAI's models and is preparing its own IPO as part of SpaceX at a $1.75 trillion valuation
Large Language Models (LLMs)Earnings & FinancialsRegulation & PolicyEthics & BiasAI Safety & Alignment

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