Elon Musk, the tech tycoon who has made himself a significant player in the AI boom, took the witness stand Tuesday in a closely watched federal trial that pits him against former allies Sam Altman and Greg Brockman in a dispute over the future direction of OpenAI and AI development in general.
CBS News reports that the legal confrontation between two of technology’s most prominent billionaires commenced with jury selection on Monday, setting the stage for a three-week trial anticipated to reveal potentially embarrassing details about both men while addressing fundamental questions about how AI should be developed and governed.
Musk, who helped establish OpenAI as a nonprofit organization, filed suit in 2024 against Altman, Brockman, and Microsoft, alleging that the group betrayed the company’s original charitable mission. Speaking from the witness stand, Musk distilled his complaint to its essence. “Fundamentally, I think they’re going to try to make this lawsuit very complicated, but it’s actually very simple,” he stated. “Which is that it’s not OK to steal a charity.”
The lawsuit accuses Altman and Brockman of abandoning OpenAI’s founding principles as stewards of revolutionary technology for humanity’s benefit. Musk is pursuing monetary damages, seeking to fund the altruistic efforts of OpenAI’s charitable arm, and demanding Altman’s removal from the company’s board.
Steven Molo, representing Musk, opened by citing OpenAI’s original mission statement, which pledged to operate as a nonprofit for humanity’s benefit rather than for financial enrichment. Molo told jurors that Altman, Brockman, and Microsoft “stole a charity, a charity whose mission was the safe, open development of artificial intelligence.”
OpenAI has vigorously contested Musk’s claims, characterizing them as baseless resentment intended to hamper OpenAI’s growth while promoting Musk’s competing venture, xAI, which he founded in 2023. William Savitt, OpenAI’s attorney, framed the dispute differently in his opening remarks. “We are here because Mr. Musk didn’t get his way with OpenAI,” Savitt told the jury.
According to Savitt, Musk attempted to use promised funding to pressure OpenAI’s founding members and sought to seize control of the organization, proposing to merge it with Tesla. Savitt revealed that Musk actually wanted to establish a for-profit entity in which he would hold majority ownership. During negotiations about OpenAI’s structure, Musk abruptly terminated quarterly donations totaling $5 million. Savitt emphasized that no documented promises existed guaranteeing OpenAI would remain perpetually nonprofit or fully open-source, suggesting Musk’s primary motivation was outpacing Google in AI rather than preserving charitable status.
Molo countered that the case centers on Altman, Brockman, and Microsoft’s actions rather than Musk’s conduct. He explained that by 2017, roughly two years after OpenAI’s establishment, the founders recognized the need for additional capital and developed a for-profit subsidiary structure with investment terms capping returns to prevent unlimited profit extraction. “There is nothing wrong with a nonprofit having a for-profit subsidiary, but it has to advance the mission,” Molo argued.
The dynamics shifted dramatically, Molo contended, when Microsoft initially invested $2 billion and subsequently deepened its involvement in 2022. “This was a horse of a completely different color,” Molo said, calling the arrangement a “gamechanger” that violated commitments made to Musk and the public. The organization ceased being open source, transformed into a profit-driven enterprise benefiting defendants, and granted Microsoft licensing control over substantial intellectual property.
Following opening arguments, Musk’s legal team will present evidence alleging betrayal, deception, and ambition that allegedly transformed OpenAI from an altruistic startup into a commercial enterprise now valued at $852 billion. Musk, whose estimated fortune reaches $778 billion, is among several anticipated witnesses.
Altman, OpenAI’s chief executive, is also expected to testify, as is Microsoft CEO Satya Nadella, who helped finance the late 2022 ChatGPT launch that triggered the current AI boom driving stock markets to unprecedented levels. Altman’s court obligations apparently prevented his attendance at an Amazon partnership announcement across San Francisco Bay on Tuesday. “I wish I could be there with you in person today,” Altman conveyed through a prerecorded video message to Amazon’s San Francisco event attendees. “My schedule got taken away from me today.”
As tech tycoons battle it out in court, it is more important than ever for conservatives to control how AI is used by their loved ones, organizations, and the country at large. Breitbart News social media director Wynton Hall has written his instant bestseller Code Red: The Left, the Right, China, and the Race to Control AI to serve as the definitive guide on how the MAGA movement can create positions on AI that benefit humanity without handing control of our nation to the leftists of Silicon Valley or allowing the Chinese to take over the world.
Read more at CBS News here.
Lucas Nolan is a reporter for Breitbart News covering issues of AI, free speech, and online censorship.