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Musk says basis of charitable giving at stake in OpenAI lawsuit

April 29, 2026 International Source: BBC World

Musk says basis of charitable giving at stake in OpenAI lawsuit
The case over OpenAI's history and public commitments could have major implications for the future of AI. Musk says basis of charitable giving at stake in OpenAI lawsuit against Altman Why Elon Musk and Sam Altman are fighting over OpenAI Copyright current_year BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking. Copyright current_year BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking. Punching bags with the faces of Musk and Altman seen outside of court Musk says basis of charitable giving at stake in OpenAI lawsuit Elon Musk vs Sam Altman: Why are the tech titans in court? A trial pitting two founders of OpenAI - Sam Altman and Elon Musk - against each other has opened in California, with the sides presenting duelling narratives about the company's history and obligations to consumers. Musk, wearing a dark suit and tie, was asked by one of his lawyers what the lawsuit was about when he took the stand. "It's actually very simple," he said. "It's not okay to steal a charity... If it's okay to loot a charity, the entire foundation of charitable giving will be destroyed." An OpenAI lawyer said the lawsuit was motivated by Musk seeking to kneecap a "competitor". Musk and Altman were warned by the judge against using their platforms to attempt to influence the trial. "We're here because Mr Musk didn't get his way at OpenAI," said OpenAI lawyer William Savitt. "Because he's a competitor, Mr Musk will do anything to attack OpenAI." Musk lawyer Steven Molo reminded the nine jurors in Oakland to put aside their opinions of the two Silicon Valley billionaires and former friends. "You all took an oath to put personal opinions aside," he said. "I know you will honour that oath." Molo said that Musk had become more involved in AI as the technology advanced rapidly, growing concerned that "the government was not stepping up" to regulate it. Musk's concerns increased, he added, after a 2015 meeting with then-President Barack Obama. His client, he said, had always believed that AI "wasn't a vehicle for people to get rich". He went on to describe Musk's involvement in OpenAI, to which he had donated $38m (£28m) over several years, while it was operating at a non-profit. "Without Elon Musk, there would be no OpenAI. Pure and simple," said Molo. Musk objects to OpenAI's decision to open a commercial arm in 2018, years before it debuted the software ChatGPT, kicking off the commercial AI market. In his opening arguments, Molo said that OpenAI CEO Altman and co-founder Greg Brockman "stole a charity". Musk is asking for billions of dollars in what his lawyers call "wrongful gains" that he wants used to fund OpenAI's non-profit arm, and he wants to see a shake-up at the company including the ousting of Altman. Musk's claims include breach of charitable trust and unjust enrichment. Stylised image showing Elon Musk on the left against an orange background and Sam Altman on the right against a bright blue background, with a white lightning strike line in between them and a picture of a gavel in the middle. Why Sam Altman and his former hero Elon Musk are taking their toxic feud to court OpenAI's lawyer said that Musk had used his investment to "bully" other OpenAI founders, and that he had wanted to merge the company with Tesla, which he also owns. "The other founders refused to turn the keys of artificial intelligence over to one person," Savitt continued, adding: "When they refused to let OpenAI be absorbed" Musk "took his marbles and went home." "Since he couldn't control OpenAI, he left it. He left it, he thought, for dead." Speaking to Musk's legal case, he added: "Musk never cared about whether OpenAI was a non-profit." OpenAI says Musk is motivated by jealousy and regret for walking away from the company. And as the race to artificial general intelligence (AGI) barrels full steam ahead, OpenAI accuses Musk of trying to derail one of his key rivals. Musk's own platform, xAI, which makes the chatbot Grok, and has lagged behind competitors. xAI debuted in 2023, one year after ChatGPT hit the market. OpenAI has argued that Musk understood the decision to open a commercial arm, and that he left the company only after failing to become its CEO. Altman is also expected to testify during the trial. Also on Tuesday, Judge Yvonne Gonzalez Rogers said she had decided against imposing a gag order to prevent participants from being able to talk about the trial outside of court. On Monday, as the jury was chosen, Musk took to X, his social media platform, to refer to the defendant as "Scam Altman". She asked Musk for a "clean slate" going forward, and that he "Try to control your propensity to use social media to make things worse outside this courtroom." Defendants Altman and Brockman also agreed to do the same. A verdict is expected to be announced in late May. The battle between the AI big hitters has largely played out on social media. Now it is coming to the courtroom. Musk, who co-founded the company that created ChatGPT with Altman, wants more than $130bn in damages. The Paris prosecutor's office told the BBC it had "taken note of the absence of the people summoned". The tool is being used to identify potential concerns about officers' behaviour on work devices. A trial of AI monitoring in Dorset care homes leads to a reduction in falls and ambulance callouts. 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