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The high-stakes trial over the future of OpenAI began on Tuesday, though it opened amid a dispute over social media activity. Before opening statements, OpenAI’s lawyers raised concerns after Elon Musk posted more than 20 times on X the day before during jury selection, including a post calling OpenAI CEO Sam Altman “Scam Altman.”
In federal court in Oakland, California, U.S. District Judge Yvonne Gonzalez Rogers urged both sides to adopt a “clean slate” and to “control your propensity to use social media to make things worse outside this courtroom.”
Musk said in court that he was responding to OpenAI’s public statements about the case. One of Musk’s posts also included a reference to “Stockman,” which targeted OpenAI co-founder Greg Brockman. Brockman, along with Musk and Altman, had agreed to minimize social media activity during the trial.
The lawsuit centers on claims that OpenAI abandoned its founding nonprofit mission and shifted toward a for-profit structure supported by billions in investment from Microsoft.
In opening statements, Musk’s lawyer Steve Molo described the change as a fundamental departure from OpenAI’s original purpose. “This was a horse of a totally different color,” Molo said, adding that it was “no longer open source” and “no longer operating for the good of humanity.” He said Musk hired a lawyer to investigate the alleged shift.
Molo urged jurors to focus on testimony from UC Berkeley AI researcher and professor Stuart Russell and former Columbia Law School dean David Schizer, who are expected to address what the defense characterizes as an “unethical switcheroo.”
Molo also told jurors, “No one should be allowed to steal a charity,” arguing that the alleged conduct was wrong.
Musk’s lawsuit accuses Altman and Brockman of betraying OpenAI’s original mission as a nonprofit steward of artificial intelligence for the benefit of humanity, instead transforming it into a profit-driven enterprise.
Musk is seeking $150 billion in damages. He is also asking the court to restore OpenAI’s nonprofit status and remove Altman and Brockman from leadership roles.
The trial is expected to include testimony from prominent figures, including Musk, Altman, and Microsoft CEO Satya Nadella. Jurors will review years of internal communications and documents to determine whether OpenAI’s leadership violated its founding principles. If liability is found, the court will later consider remedies.
The proceedings are also expected to provide additional detail on OpenAI’s evolution from a nonprofit research lab to a company valued in the hundreds of billions of dollars, with potential implications for the broader AI industry.
Judge Gonzalez Rogers has indicated she wants jurors to begin deliberating on liability by May 12. The case could have significant implications for the future of OpenAI and for the AI industry more broadly.
Among the evidence referenced is a text exchange between Musk and Zilis just before Musk quit OpenAI’s board in 2018. Zilis asked whether she should stay “close and friendly” with OpenAI to “keep info flowing.” Musk replied, according to court documents: “Close and friendly,” but “we are going to actively try to move three or four people from OpenAI to Tesla.”

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