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Musk Seeks Up to $134 Billion in Damages from OpenAI, Microsoft

Elon Musk alleges OpenAI broke nonprofit promises and seeks up to $134 billion for wrongful gains from his $38 million initial support, with trial set for April.

  • On Thursday, U.S. District Judge Yvonne Gonzalez Rogers in Oakland rejected OpenAI Inc. and Microsoft's motions to dismiss, allowing Elon Musk, Tesla CEO's lawsuit to proceed toward a jury trial.
  • Originally founded in 2015 as a nonprofit-controlled organization, OpenAI Inc. reorganized toward a for-profit public benefit model to attract investors and an IPO, prompting Elon Musk, Tesla CEO, to allege it abandoned its nonprofit mission.
  • More than 100 internal documents were recently unsealed and Judge Gonzalez Rogers cited Greg Brockman's diary entries and internal emails in refusing to dismiss Elon Musk's fraud allegations, also rejecting OpenAI's claim that the intermediary used in the $38 million donation stripped Musk of standing.
  • A ruling on Thursday points to a jury trial sometime this year, with OpenAI Inc. calling the lawsuit baseless and part of a pattern of harassment while looking forward to trial.
  • Judge Gonzalez Rogers warned that stripping standing would undercut enforcement of charitable trusts and found triable issues about whether Microsoft had actual knowledge, leaving that for a jury.
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Elon Musk is seeking up to $134 billion from OpenAI and Microsoft, arguing that he deserves “unfair benefits” they received from his early support for the artificial intelligence startup. OpenAI earned between $65.5 billion and $109.4 billion from the billionaire entrepreneur’s contributions when he co-founded OpenAI from 2015, while Microsoft earned between $13.3 billion and $25.1 billion, according to Musk. OpenAI has called the lawsuit “basel…

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autogpt.net broke the news in on Friday, January 16, 2026.
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