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Musk’s OpenAI Lawsuit Reaches Closing Arguments as Jury Weighs Timing

The advisory jury’s timing decision on the statute of limitations could end the case.

Overview

  • Lawyers for Elon Musk and OpenAI delivered closing arguments Thursday in Oakland in a case accusing the lab and its leaders of breaching a charitable trust and unjustly enriching insiders.
  • Jurors must first decide if Musk sued within the legal time limit, and the judge has said she would likely accept a finding that he filed too late and direct a verdict for the defense.
  • Musk seeks roughly $150 billion in disgorgement to OpenAI’s nonprofit and the removal of Sam Altman and Greg Brockman, citing his $38 million donation and claims that OpenAI became a vehicle to benefit insiders.
  • OpenAI argues the for‑profit structure made the organization stronger, notes the nonprofit is a shareholder, and says Musk pushed for control; a Microsoft executive testified the company has spent more than $100 billion supporting OpenAI.
  • Musk’s attorney attacked Altman’s credibility, citing five witnesses who called him a liar, and the judge later told the jury that Musk still seeks billions in disgorgement after correcting a defense claim that he wanted no money.