Elon Musk wins early battle in lawsuit against OpenAI and rival Sam Altman
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- Jan 08, 2026
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Musk is seeking unspecified monetary damages from what he calls “ill-gotten gains” by OpenAI.
OpenAI and Musk’s artificial intelligence startup xAI did not immediately respond to requests for comment.
Musk contends he contributed about $38 million — roughly 60% of OpenAI’s early funding — along with strategic guidance and credibility, based on assurances that the organization would remain a nonprofit dedicated to the public benefit.
The lawsuit accuses OpenAI co-founders Sam Altman (above) and Greg Brockman of plotting a for-profit switch to enrich themselves.
REUTERS
The lawsuit accuses OpenAI co-founders Sam Altman and Greg Brockman of plotting a for-profit switch to enrich themselves, culminating in multibillion-dollar deals with Microsoft and a recent restructuring.
OpenAI, Altman and Brockman have denied the claims, and they called Musk “a frustrated commercial competitor seeking to slow down a mission-driven market leader.”
Microsoft, which is also a defendant, urged Gonzalez Rogers to toss Musk’s claims against it. Above, Microsoft CEO Satya Nadella with Altman in 2023.
Getty Images
Microsoft, which is also a defendant, urged Gonzalez Rogers to toss Musk’s claims against it. A lawyer for Microsoft said there was no evidence that the company “aided and abetted” OpenAI.
Microsoft did not immediately respond to a request for comment.
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