Oakland, California — Elon Musk, chief executive of Tesla and SpaceX and the world's wealthiest individual, took the witness stand this week in a federal courtroom here, delivering pointed testimony in his high-profile lawsuit against OpenAI, its CEO Sam Altman, and President Greg Brockman.
Musk alleges that the company he helped found in 2015 has broken its core commitment to operate as a nonprofit organization dedicated exclusively to advancing artificial intelligence for the benefit of all humanity, rather than for commercial gain.
The closely watched civil trial, which opened on April 28, 2026, before U.S. District Judge Yvonne Gonzalez Rogers, centers on claims that OpenAI executed a fundamental shift from its original nonprofit charter to a for-profit model, including a major partnership with Microsoft. Musk, who contributed roughly $38 million in early funding, argues this transformation represents a betrayal of the organization's founding principles and the public trust.
During his testimony on Tuesday and Wednesday, Musk described OpenAI's inception under his involvement, stating that the entity was established specifically as a nonprofit to mitigate potential risks posed by advanced AI systems. He expressed longstanding concerns about the existential dangers of uncontrolled superintelligence, emphasizing the need for development aligned with human interests rather than profit motives.
"This lawsuit is very simple," Musk told the court. "It is not OK to steal a charity." He warned that permitting such a shift could set a dangerous precedent for charitable organizations nationwide.
Musk recounted his role in conceiving the idea for OpenAI, selecting its name, recruiting key researchers, and providing substantial financial support under the explicit understanding that it would remain committed to its nonprofit mission. He testified that he became increasingly concerned in late 2022 that the company's direction had changed, ultimately leading to his departure from the organization years earlier.
The proceedings have highlighted deep philosophical differences among AI leaders. Musk has positioned his own company, xAI, as an alternative focused on scientific discovery and truth-seeking, while voicing skepticism about the concentration of power in profit-driven AI entities.
Attorneys for OpenAI and its executives have countered that Musk's claims stem from disappointment after he left the board in 2018 and pursued competing ventures. They argue that the evolution to a for-profit structure was essential to attract the talent and capital necessary to compete effectively in the fast-moving field of artificial intelligence. OpenAI maintains that its actions have remained consistent with its goal of safe and beneficial AI development.
The trial is expected to continue for approximately three weeks, with potential testimony from additional witnesses, including current and former OpenAI personnel. Musk is seeking significant remedies, including structural changes to OpenAI's governance and substantial damages directed toward its charitable arm.
Legal experts view the case as potentially precedent-setting for the governance of nonprofit organizations in the technology sector and the broader oversight of powerful artificial intelligence companies. As one of the most prominent figures in both business and technology, Musk's testimony has drawn intense media attention and public interest, underscoring the growing societal stakes surrounding AI development.
Developments in the trial are being closely monitored by industry leaders, policymakers, and investors worldwide, given OpenAI's central role in the current AI boom and the implications for innovation, competition, and ethical standards in the field.