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Musk v. OpenAI Heads to Trial After Judge Narrows Case

A judge narrowed the case to two claims to be tried in a two-phase proceeding with an advisory jury.

Overview

  • Jury selection begins Monday in a federal court in Oakland, starting a two-phase trial that uses a jury for an advisory liability verdict before the judge decides remedies.
  • Judge Yvonne Gonzalez Rogers approved Elon Musk’s move to drop fraud claims, leaving alleged unjust enrichment and breach of charitable trust as the only issues for trial.
  • Musk seeks up to $134 billion in damages he says would go to OpenAI’s nonprofit arm, plus the removal of Sam Altman and Greg Brockman and a return to a pure nonprofit structure.
  • Court filings list potential witnesses including Musk, Altman, Brockman, and Microsoft CEO Satya Nadella, and Microsoft remains a named defendant due to its deep ties with OpenAI.
  • The dispute turns on whether OpenAI abandoned its founding mission by creating a capped‑profit arm to raise capital, a shift that coincided with a reported valuation of about $852 billion and preparations for a public listing.