Elon Musk said Sam Altman “stole” a non-profit — but the trial showed he had similar aims

Elon Musk’s lawsuit against OpenAI’s founders and Microsoft, alleging he was deprived of OpenAI, was quickly rejected by the jury. The trial, however, brought to light aspects of Musk’s own conduct that mirrored his accusations. His legal team faced the challenge of convincing the jury that his vision of a for-profit entity differed significantly from what ultimately materialized.

During the proceedings, an incident surfaced where Musk requested a team of OpenAI researchers assist Tesla’s autopilot team in 2017. Tesla did not reimburse OpenAI for their work. This act was seen as inconsistent with the charitable mission, with some legal experts calling it problematic for Musk to sue for breach of charitable trust while engaging in such activities.

Musk also actively sought sole control over a potential OpenAI for-profit affiliate in 2017. He utilized various tactics, including offering free Teslas and threatening to withhold donations, to sway his co-founders. His associates testified that he typically avoids investing in ventures where he doesn’t have complete control.

The lawsuit’s late filing was cited as a technicality for its rejection, but the statute of limitations serves a vital purpose. It prevents the costly unravelling of decisions made based on current understandings, particularly when a plaintiff waits an extended period to file a suit. The jury was tasked with considering if Musk should have been aware of OpenAI’s resource allocation and for-profit plans before August 2021, a period during which he himself was involved in similar actions.