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Letting OpenAI win risks 'losing every charity in America...
David Nield · 2026-04-30 · via Latest from TechRadar
Sam Altman and Elon Musk
It's Altman (left) vs Musk (right) in court (Image credit: Getty Images)

  • Elon Musk has taken to the stand in his lawsuit against OpenAI
  • Musk claims the switch from a non-profit organization was illegal
  • The verdict of the trial could have implications for the future of AI

Elon Musk is taking ChatGPT developer OpenAI to court over its switch from a non-profit organization into a for-profit company, and Musk has taken to the stand to argue his case in front of a jury in Oakland, California.

"I think they're going to try to make this lawsuit very complicated but it's actually very simple," Musk said as soon as he was given the opportunity to speak (via The Wall Street Journal). "It's not okay to steal a charity."

In further comments, Musk said that if the lawsuit were to be decided in favor of OpenAI, it would mean the possibility of "losing every charity in America". OpenAI CEO Sam Altman has also been in the courtroom, but hasn't yet taken the stand.

Article continues below

Some of the wind was taken out of Musk's sails by US District Judge Yvonne Gonzalez, who told jurors that the CEO of SpaceX and X was giving his personal perspective on the debate, and that his opinion had "no legal value whatsoever".

'No Elon Musk, no OpenAI'

They stole a nonprofit. It’s not right. pic.twitter.com/pRDR463UShApril 27, 2026

The feud at the center of the trial goes back to the earliest days of OpenAI. Musk invested a total of $38 million when OpenAI was in its non-profit stage, and had the mission of developing AI to benefit humanity. The company has since become a more traditional, for-profit venture, with goals that are not quite as noble.

OpenAI and CEO Sam Altman say that Musk was perfectly aware that the pivot would eventually come, and that the change was necessary in order to effectively compete in a rapidly advancing AI industry worth billions of dollars.

"Without Elon Musk, there would be no OpenAI," Steven Molo, the lead attorney for Musk, said in the opening statements for the case. Musk has since gone on to start his own xAI company which includes the Grok chatbot, and which is now part of SpaceX.

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As the case continues, we can expect to hear about some confidential, high-level discussions between executives at OpenAI. The case could have significant ramifications for the future of AI companies and the way they're regulated by law — and it may lead to tighter safety protections inside bots like ChatGPT.


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Dave is a freelance tech journalist who has been writing about gadgets, apps and the web for more than two decades. Based out of Stockport, England, on TechRadar you'll find him covering news, features and reviews, particularly for phones, tablets and wearables. Working to ensure our breaking news coverage is the best in the business over weekends, David also has bylines at Gizmodo, T3, PopSci and a few other places besides, as well as being many years editing the likes of PC Explorer and The Hardware Handbook.