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Musk Takes Stand as Trial With OpenAI Moves Ahead in Oakland

The case tests whether OpenAI’s shift to a profit-seeking arm broke its nonprofit mission.

Overview

  • A nine-person jury was seated Monday in Oakland after the court set a two-phase process that first weighs misconduct and then, if needed, potential remedies.
  • Judge Yvonne Gonzalez Rogers directed Elon Musk and Sam Altman to rein in posts about the case and ruled out certain evidence, including any mention of Musk’s alleged ketamine use.
  • Musk accuses OpenAI of abandoning its charitable charter, seeks removal of Sam Altman and Greg Brockman, asks for up to $134 billion to be returned to the nonprofit, and wants the company converted back to a nonprofit.
  • As testimony began, Musk said he funded OpenAI on the promise of open, society-first AI and warned the structure lets leaders “plunder” a nonprofit, while OpenAI’s lawyer said outside capital was necessary and the nonprofit still controls the organization.
  • OpenAI denies wrongdoing, has shared messages it says show Musk knew of restructuring plans, and reporting notes a Musk win could squeeze OpenAI’s planned fundraising for AI infrastructure and complicate a potential IPO.