Asger Risom
Elon Musk’s $130bn lawsuit against OpenAI has begun, but legal experts say the case faces major hurdles and may hinge on credibility in court.
A high-stakes legal battle between Elon Musk and Sam Altman is now underway.
What began as a partnership has turned into one of the biggest tech disputes in history.
Courtroom clash
Elon Musk is suing OpenAI CEO Sam Altman and cofounder Greg Brockman, accusing them of abandoning the company’s original nonprofit mission, Fortune reports.
The case centres on OpenAI’s shift to a for-profit structure, now valued at nearly $1 trillion.
Musk, who contributed about $38 million in early funding, is asking the court to reverse that move and remove the leadership.
He is not seeking damages for himself, instead requesting any compensation go to OpenAI’s nonprofit arm.
Personal fallout
The case has exposed private exchanges between the two former allies, writes Fortune.
Altman wrote: “You’re my hero,” adding: “I am tremendously thankful for everything you’ve done to help—I don’t think OpenAI would have happened without you—and it really [expletive] hurts when you publicly attack OpenAI.”
Musk replied: “I hear you and it is certainly not my intention to be hurtful, for which I apologize, but the fate of civilization is at stake.”
Both men are expected to testify during the four-week trial, alongside figures including Microsoft CEO Satya Nadella.
Key evidence
A central part of Musk’s case relies on internal notes written by Brockman in 2017.
One entry states: “if three months later we’re doing b-corp then it was a lie.”
Another reads: “It would be nice to be making the billions,” while warning such a move could trigger conflict.
Legal hurdles
Legal experts say the case faces significant obstacles.
Sam Brunson, a nonprofit law professor at Loyola University Chicago, told Fortune that donors generally cannot sue simply because an organisation changes direction.
“As a general rule, the answer to that is no,” he said.
To succeed, Musk would need to prove he was misled at the time of his donation.
Credibility fight
The trial is also expected to focus on Musk’s credibility.
OpenAI’s lawyers are likely to challenge his version of events, including discussions tied to a 2017 Burning Man trip.
Testimony from Shivon Zilis, a former OpenAI board member and the mother of four of Musk’s children, is expected to play a role.
Uncertain outcome
The case reflects a deep personal rift between the two tech leaders.
Experts say that dynamic could influence whether the trial runs its full course.
“If Elon Musk is concerned about his reputation, maybe that encourages him to settle instead of going all the way through trial,” Brunson said.
Sources: Fortune
