OpenAI Can’t Shake Its Co-Founder’s Lawsuit Over Profit Shift

Key Takeaways

  • Elon Musk’s lawsuit against OpenAI and CEO Sam Altman is moving forward after a judge denied OpenAI’s request to dismiss it.
  • Musk, an OpenAI co-founder, claims the company broke contractual promises by switching from a non-profit to a for-profit model.
  • The judge upheld key allegations, including potential fraud and an implied contract violation.
  • OpenAI has countersued Musk, alleging his lawsuit is a tactic to benefit his own AI venture, xAI.
  • The trial is currently scheduled for March 2026.

Elon Musk’s legal challenge against OpenAI and its CEO Sam Altman has cleared a major hurdle.

A federal judge in California recently rejected OpenAI’s attempt to have the lawsuit dismissed, paving the way for a significant trial focused on the AI company’s shift to a for-profit business.

This ruling heats up the competition between two major figures in the rapidly evolving world of artificial intelligence.

Musk, who helped co-found OpenAI and provided substantial early funding, alleges the company violated agreements and committed fraud by changing its structure.

According to Teslarati, the lawsuit originally aimed to stop OpenAI, Altman, and key investor Microsoft from completing the transition to a for-profit entity.

While an earlier attempt by Musk to get an immediate injunction failed, Judge Yvonne Gonzalez Rogers has now set an expedited trial date for March 2026.

In her recent decision, the judge threw out some minor claims but kept the most significant allegations intact, allowing the core of the case to proceed.

Judge Gonzalez Rogers stated that Musk adequately argued OpenAI made promises about remaining non-profit to secure his contributions, potentially planning the for-profit switch all along.

She also refused to dismiss Musk’s claim that an implied contract existed between him and the company, even without a formal written agreement.

A source close to Musk reportedly viewed the ruling as a “big win,” noting that crucial elements like the fraud allegation survived OpenAI’s dismissal attempt.

OpenAI, which has the option to appeal this decision, launched its own lawsuit against Musk last month. The company claims Musk’s legal action is a “bad-faith” move designed to hinder OpenAI’s work and promote his competing AI venture, xAI.

The company’s transformation into a for-profit benefit corporation was intended to make raising funds easier. However, this change has drawn criticism from some AI pioneers and former employees concerned about profit motives potentially overshadowing OpenAI’s original mission.

When contacted about the recent ruling, OpenAI chose not to comment, and Microsoft did not provide a response.

As this high-profile case heads towards a potential 2026 trial, its outcome could have far-reaching consequences for the AI industry, influencing company governance, innovation, and the delicate balance between commercial interests and public benefit.

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