Elon Musk took too long to sue OpenAI, jury unanimously agrees

A jury unanimously ruled that Elon Musk filed his lawsuit against OpenAI too late, dismissing his claims that the company defrauded a charity he helped establish. The nine-person jury determined that Musk was aware of OpenAI's restructuring plans as early as 2021, exceeding the three-year statute of limitations for filing such a lawsuit. This decision absolves Sam Altman, Greg Brockman, and Microsoft of any liability. The verdict was swiftly upheld by Judge Yvonne Gonzalez Rogers. One of Musk's lawyers, Marc Toberoff, confirmed that an appeal would be filed. 


Musk had sued OpenAI in 2024, alleging that the company made a "fool" out of him. He had donated $38 million to launch OpenAI as a non-profit organization. However, he later felt betrayed when OpenAI developed a for-profit arm, which he believed siphoned charitable funds while enriching executives like Altman and Brockman. Musk also accused Microsoft, a significant investor in OpenAI, of aiding what he called a "get-rich scheme."

OpenAI’s legal team celebrated the verdict, with attorney William Savitt reportedly showing a "wide grin." Savitt had previously represented Musk and effectively used his knowledge to challenge Musk's testimony during the trial. Microsoft also issued a statement welcoming the jury's decision, reaffirming its commitment to collaborating with OpenAI on advancing AI technology globally.

Notably, Musk was absent from the courtroom when the verdict was delivered, having not returned after his testimony. His lawyer had previously apologized for Musk's failure to comply with a court order requiring his presence. In a move suggesting waning interest in the trial, Musk reportedly prioritized attending a summit between Donald Trump and Chinese President Xi Jinping.