{"id":288344,"date":"2026-04-27T16:56:09","date_gmt":"2026-04-27T16:56:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/288344\/"},"modified":"2026-04-27T16:56:09","modified_gmt":"2026-04-27T16:56:09","slug":"musks-openai-lawsuit-goes-to-trial-as-jury-selection-begins-in-oakland","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/288344\/","title":{"rendered":"Musk&#8217;s OpenAI lawsuit goes to trial as jury selection begins in Oakland"},"content":{"rendered":"\n<p>Sierra co-founder and CEO Bret Taylor discusses the first level 1 PCI-compliant payment capability for AI agents on The Claman Countdown.<\/p>\n<p><a href=\"https:\/\/www.foxbusiness.com\/category\/elon-musk\" target=\"_blank\" rel=\"noopener nofollow\">Elon Musk&#8217;s<\/a> lawsuit claiming that OpenAI violated its mission as a nonprofit organization moves to trial on Monday as jury selection gets underway in a federal court in Oakland, California.<\/p>\n<p>Musk was a co-founder of OpenAI in 2015, but left the <a href=\"https:\/\/www.foxbusiness.com\/category\/artificial-intelligence\" target=\"_blank\" rel=\"noopener nofollow\">artificial intelligence (AI)<\/a> startup in 2018 after he was unable to persuade its other leaders to have OpenAI merge with Tesla or create a for-profit entity led by him to attract the investment needed to meet the company&#8217;s technological needs.<\/p>\n<p>Musk&#8217;s lawsuit against OpenAI claims that the company violated its founding mission as a nonprofit to develop AI for the benefit of humanity by creating a for-profit entity in 2019.<\/p>\n<p>     <img decoding=\"async\" src=\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2026\/04\/elon_musk.png\" alt=\"Elon Musk at the World Economic Forum\"\/> <\/p>\n<p>Elon Musk&#8217;s lawsuit against OpenAI is heading to trial this week, as he seeks over $150 billion in damages as well as the removal of Sam Altman. (Fabrice Coffrini\/AFP via Getty Images)<\/p>\n<p>His suit seeks the removal of OpenAI CEO <a href=\"https:\/\/www.foxbusiness.com\/category\/business-leaders\" target=\"_blank\" rel=\"noopener nofollow\">Sam Altman<\/a> and President Greg Brockman, as well as more than $150 billion in damages from OpenAI and Microsoft, which Musk has said he would provide to OpenAI&#8217;s nonprofit entity. Altman and Brockman were among OpenAI&#8217;s co-founders.<\/p>\n<p>OpenAI is countering Musk&#8217;s claims by noting that the Tesla CEO pursued a merger with OpenAI and was involved with discussions about creating a for-profit entity for the company before his departure from its board of directors. They also view the suit as a tactic to boost his own AI startup, xAI, as a competitor to OpenAI.<\/p>\n<p><a href=\"https:\/\/www.foxbusiness.com\/fox-news-tech\/openais-nonprofit-parent-company-secures-100b-equity-stake-retaining-control-ai-giant\" target=\"_blank\" rel=\"noopener nofollow\">OPENAI&#8217;S NONPROFIT PARENT COMPANY SECURES $100B EQUITY STAKE WHILE RETAINING CONTROL OF AI GIANT<\/a><\/p>\n<p>The company&#8217;s 2019 creation of a for-profit entity governed by OpenAI&#8217;s nonprofit arm allowed the company to raise money from investors to scale up its computing capacity to facilitate AI research, which helped spur the <a href=\"https:\/\/www.foxbusiness.com\/category\/chatgpt\" target=\"_blank\" rel=\"noopener nofollow\">launch of ChatGPT<\/a> in late 2022.<\/p>\n<p>Ticker Security Last Change Change % <a href=\"https:\/\/www.foxbusiness.com\/quote?stockTicker=TSLA\" rel=\"nofollow noopener\" target=\"_blank\">TSLA<\/a> TESLA INC. 376.30 +2.58<br \/>\n        +0.69%<br \/>\n      <a href=\"https:\/\/www.foxbusiness.com\/quote?stockTicker=MSFT\" rel=\"nofollow noopener\" target=\"_blank\">MSFT<\/a> MICROSOFT CORP. 424.62 +8.87<br \/>\n        +2.13%<\/p>\n<p><a href=\"https:\/\/www.foxbusiness.com\/category\/tech\" target=\"_blank\" rel=\"noopener nofollow\">OpenAI restructured<\/a> again last fall, transitioning into a public benefit corporation in which its nonprofit arm as well as its other investors, including Microsoft, hold stakes. The nonprofit arm has a 26% stake with additional warrants if OpenAI&#8217;s valuation hits certain targets.<\/p>\n<p>Musk&#8217;s legal team arrived at its estimate of damages owed to him by OpenAI by multiplying its valuation and a portion of the nonprofit&#8217;s stake that could be attributed to his contributions, claiming that between 50% and 75% of the OpenAI nonprofit&#8217;s stake can be attributed to him.<\/p>\n<p>&#8220;Never before has a corporation gone from tax-exempt charity to a $157 billion for-profit, market-paralyzing gorgon \u2013 and in just eight years. Never before has it happened, because doing so violates almost every principle of law governing economic activity,&#8221; Musk&#8217;s suit claims.<\/p>\n<p><a href=\"https:\/\/www.foxbusiness.com\/technology\/altman-calls-musks-space-data-center-plans-ridiculous-current-ai-computing-needs\" target=\"_blank\" rel=\"noopener nofollow\">ALTMAN CALLS MUSK&#8217;S SPACE DATA CENTER PLANS &#8216;RIDICULOUS&#8217; FOR CURRENT AI COMPUTING NEEDS<\/a><\/p>\n<p>    <img decoding=\"async\" src=\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2026\/04\/sam-altman-ai-action-summit.jpg\" alt=\"Sam Altman at AI Action Summit in Paris\"\/> <\/p>\n<p>OpenAI CEO Sam Altman has restructured the company to attract outside investment. (Nathan Laine\/Bloomberg via Getty Images)<\/p>\n<p>Court documents show that Musk gave about $38 million of seed money to OpenAI between 2016 and 2020, mostly before he left the board.<\/p>\n<p><a href=\"https:\/\/www.foxbusiness.com\/category\/microsoft\" target=\"_blank\" rel=\"noopener nofollow\">Microsoft<\/a> is also a defendant in the lawsuit and denies colluding with OpenAI, arguing that its partnership with OpenAI began after Musk&#8217;s departure.<\/p>\n<p>OpenAI has insisted that Musk is motivated by revenge and competitive concerns, with the company writing on X that, &#8220;His lawsuit remains nothing more than a harassment campaign that&#8217;s driven by ego, jealousy and a desire to slow down a competitor.&#8221;<\/p>\n<p>Both Musk and Altman signaled their eagerness for the trial to proceed earlier this year.<\/p>\n<p><a href=\"https:\/\/www.foxbusiness.com\/fox-news-tech\/judge-struggles-seat-jury-elon-musk-investor-trial-amid-hate-tech-billionaire-report\" target=\"_blank\" rel=\"noopener nofollow\">JUDGE STRUGGLES TO SEAT JURY IN ELON MUSK INVESTOR TRIAL AMID &#8216;HATE&#8217; FOR TECH BILLIONAIRE: REPORT<\/a><\/p>\n<p>    <img decoding=\"async\" src=\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2026\/04\/elon-musk-photo-1.jpg\" alt=\"Elon Musk at Congress.\"\/> <\/p>\n<p>Musk launched xAI as a competitor to OpenAI following the release of ChatGPT. (Saul Loeb\/AFP via Getty Images)<\/p>\n<p>&#8220;Can&#8217;t wait to start the trial. The discovery and testimony will blow your mind,&#8221; Musk said in a January post on X.<\/p>\n<p>Altman countered in a February post on the X platform that he is, &#8220;Really excited to get Elon under oath in a few months, Christmas in April!&#8221;<\/p>\n<p>The <a href=\"https:\/\/www.foxbusiness.com\/category\/legal\" target=\"_blank\" rel=\"noopener nofollow\">jury selection<\/a> pool is about three times larger than a typical civil case due to concerns about possible difficulties in finding impartial jurors, given that Musk and Altman have become celebrities.<\/p>\n<p><a href=\"https:\/\/www.foxbusiness.com\/apps-products\" target=\"_blank\" rel=\"noopener nofollow\">GET FOX BUSINESS ON THE GO BY CLICKING HERE<\/a><\/p>\n<p>The judge determined that the jury won&#8217;t decide the specific repercussions in the case, and will instead work in an &#8220;advisory&#8221; role to determine how much OpenAI would need to pay in disgorgement if it loses the case.<\/p>\n<p>FOX Business&#8217; Kelly Saberi and Reuters contributed to this report.<\/p>\n","protected":false},"excerpt":{"rendered":"Sierra co-founder and CEO Bret Taylor discusses the first level 1 PCI-compliant payment capability for AI agents on&hellip;\n","protected":false},"author":2,"featured_media":288345,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[34],"tags":[143,145,144],"class_list":["post-288344","post","type-post","status-publish","format-standard","has-post-thumbnail","category-oakland","tag-oakland","tag-oakland-headlines","tag-oakland-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/288344","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=288344"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/288344\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/288345"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=288344"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=288344"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=288344"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}