Draft:Musk v. Altman
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On February 29, 2024, Elon Musk sued OpenAI, its Chief Executive Sam Altman, and its President Greg Brockman. Musk accuses the company of violating its founding agreement by prioritizing profits over AI safety.[1][2][3][4] Musk is a co-founder of OpenAI, which was founded in 2015. He left in 2018 in the aftermath of a power struggle.[5]
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Submission declined on 10 May 2025 by Robert McClenon (talk).
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Comment: See Wikipedia:Articles for deletion/Musk v. OpenAI. This litigation is still awaiting trial and still seems to be too soon. Robert McClenon (talk) 16:32, 10 May 2025 (UTC)
- Comment: If submitted for review, reviewers ought to consider the notability concerns raised at Wikipedia:Articles for deletion/Musk v. OpenAI which determined that this subject was not yet notable, and redirected the title. Bobby Cohn (talk) 15:42, 4 December 2024 (UTC) Subsequent conversation moved to talk page.
- Comment: If submitted for review, reviewers ought to consider the notability concerns raised at Wikipedia:Articles for deletion/Musk v. OpenAI which determined that this subject was not yet notable, and redirected the title. Bobby Cohn (talk) 15:42, 4 December 2024 (UTC) Subsequent conversation moved to talk page.
 | This is a draft article. It is a work in progress open to editing by anyone. Please ensure core content policies are met before publishing it as a live Wikipedia article. Find sources: Google (books · news · scholar · free images · WP refs) · FENS · JSTOR · TWL Last edited by Thriley (talk | contribs) 44 hours ago. (Update)
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In May 2024, Musk was able to remove the current presiding judge on the case after his lawyers cited California Code of Civil Procedure 170.6, a California state law that allows both plaintiffs and defendants to ask for the removal of a judge that they believe cannot conduct an impartial trial.[6]
On June 11, 2024, Musk dismissed his lawsuit.[7] In August 2024, Musk revived the lawsuit,[8] later adding Microsoft as a defendant.[9]
In November 2024, Musk filed a motion for preliminary injunction to block OpenAI from changing from a nonprofit to a for-profit. He believes the conversion violates the terms of his contributions, which total $44 million, to OpenAI from 2016 to 2020.[10] In February 2025, United States District Judge Yvonne Gonzalez Rogers said that Musk's claim of irreparable harm was a stretch.[11]
In April, 2025, twelve former employees of OpenAI stated in an amicus brief that OpenAI had abandoned its nonprofit roots and that Sam Altman "was a person of low integrity who had directly lied to employees about the extent of his knowledge and involvement in OpenAI’s practices of forcing departing employees to sign lifetime non-disparagement agreements." The motion was filed by Harvard law professor Lawrence Lessig.[12]
In April 2025, OpenAI countersued Musk, claiming that his actions were deliberate tactics to slow OpenAI in order to benefit his own interests.[13] That month, the California attorney general declined to join the lawsuit.[14]
On May 1, 2025, Judge Yvonne Gonzalez Rogers trimmed the lawsuit, excluding claims of false advertising and breach of fiduciary duty, but allowed claims of fraud and unjust enrichment to proceed.[15][16]
On May 5, 2025, OpenAI announced that it was no longer planning to restructure into a for-profit company separate from its nonprofit board. Later that day, Musk's lawyer Marc Toberoff, announced that the lawsuit against OpenAI would continue.[17]
As part of the case files disclosed by Musk's lawyers in federal court in November 2025, Altman was shown to have reached out to Shivon Zilis on February 9, 2023, asking her advice about whether to publicly praise Musk on X, which he later did.[18]
In April 2026, Musk amended the lawsuit asking that any monetary damages he might be awarded be given to OpenAI's charity and that Altman be removed from OpenAI's board.[19]
Jury selection for the case will start on April 27, 2026.[20]
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