Elon Musk V. OpenAI: The $97.4 Billion Bet on AI’s Future

Elon Musk’s legal war over AI’s soul begins: A $97 billion battle between profit and principle.

Elon Musk’s lawsuit against OpenAI, Sam Altman, and Greg Brockman will proceed to trial after a U.S. judge ruled there is evidence supporting Musk’s claims. Musk alleges OpenAI betrayed its nonprofit mission by shifting to a for-profit model, citing his $38 million investment and early contributions to the organization.

OpenAI converted to a Public Benefit Corporation in October 2025, retaining a 26% equity stake for the original nonprofit, while Musk resigned from its board in 2018 after his CEO bid was rejected. Musk’s unsolicited $97.4 billion buyout offer for OpenAI in 2025 was rejected, and the trial is now scheduled for March 2026.

Judge Yvonne Gonzalez Rogers cited evidence that OpenAI leaders made assurances about maintaining the nonprofit structure, aligning with Musk’s allegations.