tech
January 8, 2026
Musk, OpenAI lawyers trade barbs as lawsuit heads to trial
Microsoft is also a defendant in the case, with Musk alleging the company aided and abetted OpenAI's breach of fiduciary duty.
TL;DR
- Elon Musk's lawsuit against OpenAI will go to trial.
- Musk alleges OpenAI made false assurances about its charitable mission and pursued profit over its original goals.
- He claims he was deceived after OpenAI established for-profit affiliates and partnered with Microsoft.
- OpenAI denies the allegations, calling the lawsuit baseless and part of Musk's harassment pattern.
- Microsoft is also a defendant, accused of aiding and abetting OpenAI's breach of fiduciary duty.
- The lawsuit was filed in August 2024 in the U.S. District Court in the Northern District of California.
- Musk has been a vocal critic of AI dangers and founded his own AI company, xAI.
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