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FUNDING & BUSINESSOpenAI2026-05-09

Musk vs. OpenAI: Week 2 Reveals Conflicting Narratives Over For-Profit Transformation

Key Takeaways

  • ▸Musk alleges OpenAI deceived him about maintaining nonprofit status, but Brockman testified Musk actively pushed for a for-profit structure with majority control
  • ▸Shivon Zilis revealed Musk attempted to recruit Sam Altman to lead an AI lab at Tesla, suggesting potential competitive motivations
  • ▸OpenAI argues Musk is retaliating after losing influence over the company and is now trying to sabotage a competitor to his xAI venture
Source:
Hacker Newshttps://www.technologyreview.com/2026/05/08/1137008/musk-v-altman-week-2-openai-fires-back-and-shivon-zilis-reveals-that-musk-tried-to-poach-sam-altman/↗

Summary

In the second week of a landmark lawsuit, Elon Musk's allegations that OpenAI deceived him into a $38 million donation faced significant pushback from OpenAI president Greg Brockman, who testified that Musk actually spearheaded the company's shift to a for-profit structure. Brockman argued that Musk pushed for the creation of a for-profit entity, sought majority equity and board control, and even wanted to serve as CEO—contradicting Musk's current narrative that he is suing to preserve OpenAI's nonprofit mission for safe AI development.

Shivon Zilis, a former OpenAI board member and mother of four of Musk's children, also testified this week, revealing that Musk attempted to recruit OpenAI CEO Sam Altman to lead an AI laboratory at Tesla. OpenAI's defense team has argued that Musk is retaliating after failing to gain the control he demanded over the company's direction, and that he is now attempting to undermine a competitor to his own AI venture, xAI.

The trial centers on whether OpenAI breached its nonprofit mission when it accepted billions in investment from Microsoft and restructured to operate a for-profit subsidiary as a public benefit corporation. Musk is seeking up to $134 billion in damages and wants to remove Altman and Brockman from their positions, as well as unwind last year's restructuring. The outcome could dramatically impact OpenAI's anticipated IPO at a valuation approaching $1 trillion, while Musk's xAI, now part of SpaceX, is expected to go public as early as June at a target valuation of $1.75 trillion.

  • Trial outcome could significantly impact OpenAI's $1 trillion IPO plans and the broader competitive landscape in AI
  • Musk is seeking $134 billion in damages and the removal of Altman and Brockman from OpenAI's leadership
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