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Elon Musk says OpenAI was his idea, before executives looted it

Musk says OpenAI abandoned its nonprofit mission and turned into a profit-driven company, and he is seeking $150 billion in damages for the charity.

  • On Tuesday, Elon Musk testified in federal court against OpenAI, accusing CEO Sam Altman and President Greg Brockman of betraying the nonprofit mission by creating a for-profit entity, seeking $134 billion in damages and executive removals.
  • Musk co-founded OpenAI as a nonprofit research lab in 2015, investing at least $38 million before leaving in 2018; the company created a for-profit subsidiary in 2019 to secure computing power and capital.
  • Defending OpenAI, lead attorney William Savitt argued the lawsuit stems from competitive spite, stating, "We're here because Mr. Musk didn't get his way at OpenAI," and claiming Musk sought control and a Tesla merger.
  • Judge Yvonne Gonzalez Rogers will decide by late May whether OpenAI must revert to nonprofit status, remove Altman and Brockman from leadership, or pay around $130 billion in damages to the nonprofit foundation.
  • A verdict for Musk could force OpenAI to unwind its for-profit conversion, threatening a planned IPO and compelling Microsoft and other investors to reassess regulatory risks across the rapidly expanding AI sector.
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Benzinga broke the news in New York, United States on Tuesday, April 28, 2026.
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