Elon Musk is set to return to the witness stand on Wednesday in a high-profile trial in California, where he is suing OpenAI over claims the company abandoned its founding mission to serve humanity in favour of profit.
Musk, the world’s richest person, told a federal court jury in Oakland on Tuesday that the 2019 decision by OpenAI’s leadership to transition towards a for-profit structure undermined the principles on which the organisation was built.
“If we make it okay to loot a charity, the entire foundation of charitable giving in America will be destroyed,” Musk told the court.
OpenAI, co-founded by Musk in 2015 alongside Sam Altman and Greg Brockman, has argued that the shift to a for-profit model was necessary to secure funding, access computing power, and attract top-tier researchers. The company also maintains that Musk’s legal action is driven by competition interests linked to his own AI venture, xAI.
The case highlights a deepening rift between Musk and Altman, former collaborators in developing artificial intelligence systems now at the centre of global technological and economic transformation.
On Wednesday, Musk is expected to continue giving evidence before being cross-examined by lawyers for OpenAI and other defendants, including Microsoft, which invested heavily in the company.
The court was also told that Musk had been cautioned over public comments on his social media platform X, including posts referring to Altman as “Scam Altman,” prompting a judge to urge restraint from all parties.
Musk is seeking $150 billion in damages and wants OpenAI returned to nonprofit control, with its current leadership removed. OpenAI, now structured as a public benefit corporation, denies wrongdoing and says its restructuring was lawful and necessary for growth.
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