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Musk loses lawsuit against Altman for OpenAI

The jury rejected Musk's lawsuit, pointing out that the action came too late

by Biagio Simonetta

Foto Combo di Elon Musk e Sam Altman Reuters

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

No dice, at least for now. Elon Musk has lost his lawsuit against Sam Altman over the future of OpenAI. A federal jury in Oakland, California, has unanimously ruled that the San Francisco-based company, which Musk and Altman co-founded a decade ago, is not liable to Mr. Tesla for straying from the organisation's original mission, which was founded with the stated goal of developing artificial intelligence for the benefit of mankind.

After the advisory jury had found Altman and OpenAI not liable, the court, presided over by US District Judge Yvonne Gonzalez Rogers, upheld the decision.

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According to the verdict, Musk filed the lawsuit too late. Clearly, it is difficult to say now whether the richest man in the world will walk away from this battle. Judging by the energy he is putting into it, it seems impobable. And in the US federal system, the first option is an appeal. Musk, therefore, could ask the Ninth Circuit Court of Appeals to review the decision, arguing, for example, that the judge misinterpreted certain procedural or legal aspects, particularly the issue of the statute of limitations or the delay in filing the lawsuit.

However, it must be said that appellate courts do not remake the trial from scratch, and are unlikely to overturn a unanimous jury verdict unless concrete legal errors emerge.

Today's verdict, therefore, risks (for Musk) putting an end to a confrontation that had been going on for months and had taken on much more symbolic weight than a simple corporate dispute.

In the courtroom, not only the relationship between the founders of OpenAI was discussed, but also the economic and strategic model that is redefining the entire artificial intelligence sector. During the trial, which lasted eleven days, the confrontation also focused on the personal credibility of the protagonists. The two sides' lawyers directly attacked Sam Altman and Elon Musk, accusing each other of having used the rhetoric of public interest to justify financial objectives.

The stakes were very high. OpenAI is now undeniably one of the central players in the artificial intelligence economy. The flagship of US AI, perhaps together with rival Anthriopic. And rumours are increasingly insistent about a possible listing that, according to various estimates circulating on the market, could bring the valuation close to USD 1,000.

To rewind the tape, it should be recalled that Musk had sued Altman and OpenAI in 2024, claiming that they had breached their commitment to maintain theartificial intelligence lab as a non-profit organisation. Musk had helped found OpenAI in 2015, but left the board three years later.

Microsoft, which had invested in OpenAI back in 2019, was also being sued, with Musk accusing the software giant of aiding and abetting the artificial intelligence startup in allegedly violating its bond. Musk's team was asking the court to compel OpenAI and Microsoft to return up to $134 billion in 'ill-gotten gains', remove Altman and OpenAI chairman Greg Brockman from leadership, and cancel the 2025 corporate restructuring that had allowed its for-profit division to grow.

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Musk claimed that any money should be returned to the 'OpenAI charity', rather than to him. Musk testified that he donated some $38 million to OpenAI with the belief that it would develop artificial intelligence 'for the benefit of humanity', not to enrich a single person. OpenAI's lawyers argued that Musk's donations were not subject to any restrictions and that corporate restructuring was the only way to compete, in an expensive race against Google's DeepMind.

In short, the game ended with a heavy defeat for Musk, who in the meantime continues to strengthen his presence in the AI sector through xAI, now integrated into SpaceX's industrial perimeter. Here too, the market is watching closely for a possible future IPO, which some analysts believe could be even larger than those hypothesised for OpenAI.

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