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Musk takes OpenAI, Microsoft to court over nonprofit shift

Jury selection is set to begin in Elon Musk’s 2024 lawsuit accusing OpenAI, Sam Altman, Greg Brockman, and Microsoft of betraying OpenAI’s nonprofit mission by creating a for-profit entity in 2019.

Musk is seeking US$150 billion in damages for OpenAI’s charitable arm, while court filings released before trial.

OpenAI says Musk took part in talks on the restructuring and later founded rival AI startup xAI in 2023, while Microsoft says it partnered with OpenAI only after Musk left its board.

🔗 Source: Reuters

🧠 Food for thought

Implications, context, and why it matters.

Musk’s actions add pressure to his case against OpenAI

  • OpenAI says Musk and a group of investors tried to buy all of its assets for US$97.375 billion in a February 2025 letter of intent 1.
  • That offer clashes with Musk’s claim that OpenAI’s assets had to stay in a nonprofit structure and remain open-source 1.
  • xAI, Musk’s AI startup founded in 2023, also works with Microsoft. The deal includes adding its Grok 4 AI model to Microsoft’s Azure AI Foundry, a platform for building and deploying AI systems 1.
  • OpenAI also removed the word “safely” and the phrase “unconstrained by a need to generate financial return” from mission language in Internal Revenue Service (IRS) disclosures, along with other edits 2.

The lawsuit centers on the strain between nonprofit control and AI business growth

  • The fight turns on a simple tension. A nonprofit mission can clash with the huge funding needed to build advanced AI, while OpenAI has moved toward a more commercial model 2.
  • OpenAI now uses a for-profit public benefit corporation, a company meant to pursue both profits and a public-interest mission, under the control of a nonprofit foundation. The setup is still being tested 3.
  • The legal and business outcome could shape how later AI companies balance public benefit with investor returns as they move toward artificial general intelligence (AGI), a term for AI systems with broad human-like capabilities 3.
  • OpenAI and Microsoft signed a memorandum of understanding (MoU), a nonbinding agreement that outlines planned terms, while they worked toward a final deal. OpenAI also projected that Microsoft’s revenue share would fall from just under 20% to 8% 4.

Recent OpenAI developments

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