(Updated with Musk deleting tweet slamming judge) “There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity,” Elon Musk, wrote Monday, stomping his feet after losing his big-bucks lawsuit against his now estranged OpenAI co-founders Sam Altman and Greg Brockman.

Tossing in some Trump style caps, the world’s sometimes richest man added: “The only question is WHEN they did it!”

Just a couple of hours after a federal jury and judge rebutted Musk’s 2024 lawsuit alleging breach of charitable trust and unlawful enrichment against the OpenAI CEO and president (as well as Microsoft), the X owner went on his social media platform to decry the results.

Clearly P.O.’d by the nine-juror panel and Oakland-based Judge Yvonne Gonzalez Rogers emphasizing the statute of limitations to thwart his desire to take back control of the home of ChatGPT, fire Altman and Brockman and more, Musk blamed everyone else and backed up his lawyers’ promises of an appeal.

“This illustrates why the ruling by the terrible activist Oakland judge, who simply used the jury as a fig leaf, creates such a terrible precedent,” said Musk in a now deleted tweeted. “She just handed out a free license to loot charities if you can keep the looting quiet for a few years!”

Viewing the statue of limitations as somehow unfair and staying on brand that the rules shouldn’t apply to him, Musk followed that up with: “Regarding the OpenAI case, the judge & jury never actually ruled on the merits of the case, just on a calendar technicality.”

“There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity,” he added in the (not yet deleted) second tweet, repeating his core accusation that Altman and gang were pirates on the data seas when the open a for-profit portion of OpenAI in 2019. “The only question is WHEN they did it!”

Formed in 2015 by Musk (who put in $50 million before he left in 2018), Altman and Brockman, OpenAI has been working for months on an anticipated $1 trillion IPO that could bust Wall Street records. Musk’s lawsuit and the three-week trial it spawned might have derailed that colossal stock offering. Now, the legal restraining straps are off, Altman has the upper hand, and Musk knows it.

“I will be filing an appeal with the Ninth Circuit, because creating a precedent to loot charities is incredibly destructive to charitable giving in America,” the Musk wrote, hoping to get around a promised appeal refusal from Gonzalez Rogers. “OpenAI was founded to benefit all of humanity.”

Perhaps, but as the founder of his own AI company and recent Trump China trip tagalong Musk knows, it ain’t that straightforward anymore.

Musk also knows, or should know that, as much as he hates Altman and the sums the latter stands to make in an increasingly crowded landscape — including Anthropic, Perplexity AI, Google‘s efforts, the legions of companies out of China, and significant OpenAI stakeholders Microsoft — humanity has a lot of benefits and risks out there in its digital future.