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Musk slams OpenAI lawsuit verdict, says legal fight isn't over
Musk will appeal the case to Ninth Circuit

Musk slams OpenAI lawsuit verdict, says legal fight isn't over

May 19, 2026
11:12 am

What's the story

A US jury has ruled against Elon Musk in his lawsuit against OpenAI, the artificial intelligence company led by Sam Altman. The jury unanimously decided that OpenAI was not liable for allegedly deviating from its original mission of benefiting humanity. In response to the verdict, Musk took to X and said that he will be appealing the case with the Ninth Circuit court.

Appeal announcement

Ruling incredibly destructive to charitable giving in America: Musk

Musk questioned the jury's decision, claiming it was based on a "calendar technicality" rather than the merits of his case. He said there is no doubt that Altman and Brockman enriched themselves by stealing a charity. The tech mogul also criticized the ruling for being "incredibly destructive to charitable giving in America."

Trial outcome

Trial seen as watershed moment for AI's future

The jury in Oakland, California, took less than two hours to reach its unanimous verdict. The three-week trial was seen as a watershed moment for OpenAI and the future of artificial intelligence, raising questions over who should benefit from it and how it should be used. Musk had co-founded OpenAI in 2015 but left the company in 2018 after investing $38 million in its early years.

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Legal battle

Musk's allegations and OpenAI's defense

Musk accused Altman and Brockman of abandoning their shared vision for OpenAI as a non-profit dedicated to humanity's benefit. He alleged that they secretly shifted to a profit-driven structure and unjustly enriched themselves as OpenAI's valuation surged. However, OpenAI and Altman denied the allegations, saying there was never a promise to keep it a nonprofit forever. They claimed Musk understood the company's direction but later sued because he couldn't gain unilateral control over the fast-growing AI developer.

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AI governance

Testimony from high-profile witnesses during trial

During the trial, Musk stressed that it's not okay to steal a charity. He sought damages to be directed toward OpenAI's charitable arm and called for Altman's removal from the company's board. The three-week trial saw testimony from several high-profile witnesses including Microsoft CEO Satya Nadella, former OpenAI board members Helen Toner and Tasha McCauley, who were pushed out after Altman's reinstatement as CEO in 2023.

Twitter Post

Take a look at Musk's post

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