Jury Trial: Musk vs OpenAI will go to court in March with allegations of breach of promises

The Legal Turn in the Musk and Sam Altman Battle

The long-standing confrontation between Elon Musk and OpenAI will finally have its judicial resolution. A U.S. court has determined that there are solid grounds for Musk’s lawsuit against the artificial intelligence company to be presented before a jury in March. The case accuses OpenAI, Sam Altman, and Greg Brockman of betraying the foundational principles of the organization by transforming it into a profit-oriented structure.

How We Got Here: The Breakup Between Musk and OpenAI

The story begins years ago. Musk, who was instrumental in the creation of OpenAI and contributed substantial funding, left the board in 2018 when his candidacy for CEO was rejected in favor of Sam Altman. At that time, Musk justified his departure due to potential conflicts with Tesla’s AI projects.

Since then, his relationship with the company has significantly deteriorated. Musk became a vocal critic of OpenAI’s decision to shift from a non-profit structure to a commercial model. In early 2025, he even made an unsolicited purchase proposal for 97.4 billion dollars, which was dismissed by Altman.

The Transformation That Sparked Controversy

OpenAI, founded in 2015 as a non-profit research organization, began its metamorphosis in 2019. The company established a commercial subsidiary that allowed limited returns for investors. The official justification was that this structure would enable access to the financial resources and talent needed to accelerate its technological expansion.

By October 2025, the transition was complete. The for-profit entity became a Public Benefit Corporation, while the original non-profit organization maintained a 26% stake.

Musk’s Allegation and the Judicial Decision

Musk is seeking financial compensation, arguing that the profits obtained by OpenAI were achieved fraudulently. He claims that his initial investment of approximately 38 million dollars, combined with his backing and prestige, was based on the commitment that OpenAI would remain a non-profit entity.

District Judge Yvonne Gonzalez Rogers evaluated the evidence presented and concluded that there are strong indications that OpenAI executives assured Musk that the non-profit structure would be preserved. Based on this determination, the court scheduled the trial for March.

What’s at Stake

This lawsuit represents more than a corporate dispute between two prominent figures in the tech sector. The outcome could have significant implications for how strategic commitments are interpreted in business partnerships and for the responsibility of business leaders toward founders and early investors when the fundamental direction of an organization changes.