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Elon Musk arrives at the Ronald\u00a0V. Dellums Federal Building on April 30, 2026, in Oakland, Calif.<\/p>\n
Benjamin Fanjoy\/Getty Images<\/p>\n
After a\u00a0resounding loss<\/a> Monday in his $150 billion lawsuit against OpenAI and its CEO, Sam Altman, Elon Musk took to his own social media network, X, to air out his grievances with the judge presiding over the case.<\/p>\n On Monday, a jury unanimously ruled that Musk had missed his chance to sue, deciding that the statute of limitations had passed by the time the world\u2019s richest man accused OpenAI executives of illegally turning the nonprofit into a for-profit company. In a since-deleted X post, Musk blasted Judge Yvonne Gonzales Rogers, calling her an \u201cactivist\u201d judge.<\/p>\n Article continues below this ad<\/p>\n \u201cThis illustrates why the ruling by the terrible activist Oakland judge, who simply used the jury as a fig leaf, creates such a terrible precedent,\u201d Musk wrote. \u201cShe just handed out a free license to loot charities if you can keep the looting quiet for a few years!\u201d<\/p>\n Musk vowed to appeal the ruling in a separate post<\/a> that remains on the social media network.<\/p>\n Gonzalez Rogers is a veteran federal judge in the Northern District of California who has presided over major tech industry trials, including the major 2020 antitrust case between Epic Games and Apple. She was appointed by President Barack Obama.<\/p>\n Musk\u2019s ire for the judge is no secret. Throughout the trial, Gonzales Rogers frequently had to scold Musk for his behavior in and out of the courtroom. During his testimony, Gonzales Rogers instructed Musk to stop talking about artificial intelligence leading to human extinction<\/a>, a rule she had made prior to the start of the trial. She also ordered him to stop talking about the case on X, which he\u00a0continued to do anyway<\/a>.<\/p>\n Article continues below this ad<\/p>\n In a testy exchange<\/a> with OpenAI\u2019s lawyer, Musk attempted to propose a metaphor to dissect the team\u2019s yes-or-no questions, but Gonzalez Rogers quickly cut him off.<\/p>\n \u201cThe classic answer to a yes-or-no question is not so simple. For example, if you ask the question, \u2018Will you stop beating your wife?\u2019\u201d Musk asked.<\/p>\n \u201cWe\u2019re not going there,\u201d Gonzales Rogers said.<\/p>\n At one point, Rogers even reminded Musk that he was not a lawyer, getting laughs from the courthouse audience. Musk claimed that OpenAI\u2019s lawyers were asking leading questions and \u201cconflating timelines,\u201d prompting Gonzales Rogers to again step in.<\/p>\n Article continues below this ad<\/p>\n \u201cThat\u2019s not how it works, Mr. Musk. Let\u2019s remind everyone in the courtroom that you\u2019re not a lawyer,\u201d Gonzalez Rogers said.<\/p>\n \u201cWell, technically, I did take Law 101,\u201d Musk said.<\/p>\n \u201cYou\u2019re not a lawyer,\u201d Gonzalez Rogers retorted.<\/p>\n Musk co-founded OpenAI with Sam Altman and AI researchers in 2015 as a nonprofit but left the organization just a few years later. Since then, OpenAI has shifted to a for-profit model and is expected to go public later this year in a highly anticipated initial public offering<\/a>. Musk sued Altman and OpenAI in 2024, alleging the company abandoned its initial mission of developing AI for the benefit of humanity.<\/p>\n Article continues below this ad<\/p>\n Stay informed, and entertained.<\/p>\n By signing up, you agree to our Terms Of Use<\/a> and acknowledge that your information will be used as described in our Privacy Policy<\/a>.<\/p>\n Altman and OpenAI have maintained that Musk was aware of plans to shift to a for-profit model early on and that he sued only after he launched his own AI company as a competitor. A federal jury deliberated for only two hours before handing down a big legal win for\u00a0OpenAI, deciding that Musk filed suit too late. The jury did not evaluate Musk\u2019s claims.<\/p>\n Though he has since deleted his post criticizing Rogers, Musk reposted a note from \u201cTesla Owners Silicon Valley\u201d that also called her an \u201cactivist judge.\u201d Marc Toberoff, an attorney for Musk, doubled down on the plans to appeal, likening the Monday verdict to historical events in the American Revolution such as the Siege of Charleston and the Battle of Bunker Hill.\u00a0He told a reporter<\/a> that each was a\u00a0\u201cterrible\u00a0loss for Americans, but who won the war?\u201d<\/p>\n \u201cThis war is not over. I would say this is just the first step,\u201d Toberoff said.<\/p>\n Article continues below this ad<\/p>\n","protected":false},"excerpt":{"rendered":"Elon Musk arrives at the Ronald\u00a0V. Dellums Federal Building on April 30, 2026, in Oakland, Calif. 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