Microsoft CEO Satya Nadella Testifies in Elon Musk Lawsuit Over OpenAI For-Profit Shift
Microsoft's CEO testified in federal court that OpenAI's transition to a for-profit structure was necessary to pursue its mission and that the company has delivered strong returns on its investment. The testimony came during the third week of Elon Musk's trial accusing OpenAI of breaching its founding agreement.
New York Post, as part of Elon Musk's lawsuit against the artificial intelligence company. The executive stated that without a for-profit entity it would be hard for OpenAI to pursue its mission. He also discussed the company's substantial returns on its investment in OpenAI.
Court documents from 2023 showed the company anticipated a $92 billion return on its initial $13 billion investment. OpenAI's valuation reached $852 billion in March, placing the stake at around $135 billion. Musk's attorney asked whether the investment had worked out very well, and the executive responded affirmatively.
The testimony touched on the November 2023 ouster of OpenAI's CEO, who was reinstated days later. The executive said he was concerned by the initial firing and wanted to retain the team that created the technology amid competition. He added that he promised support for possible new leadership but sought to prevent the CEO from joining a rival.
The Microsoft-OpenAI partnership has included a 27 percent ownership stake for the software company following OpenAI's restructuring last year. The executive said he was very proud that Microsoft invested when no one else was willing to bet on the startup.
Earlier emails shown in court revealed skepticism among several executives as far back as 2018 after visits to OpenAI yielded no immediate signs of breakthroughs toward artificial general intelligence. Musk's suit accuses OpenAI and Microsoft of aiding a breach of the company's original charitable trust by prioritizing commercial gain over developing AI for humanity's benefit.
He is seeking up to $180 billion in damages and a court order to unwind the for-profit status. OpenAI co-founder Ilya Sutskever testified that he never promised Musk the company would remain a nonprofit. Sutskever stated the mission of OpenAI is larger than a nonprofit or for-profit structure.
He recalled that Musk wanted to own more than half of a for-profit version of OpenAI, describing the demand as aggressive. Sutskever added that Musk's obligations to other companies would likely distract him from OpenAI.
Testimony on 2023 Leadership Changes On the events following the CEO's ouster, Sutskever said he was not excited about the prospect of a merger with other companies including Anthropic. He acknowledged that a former board member expressed the view that allowing OpenAI to be destroyed would be consistent with its mission.
Video testimony played earlier in the trial detailed how close the company came to a merger with Anthropic during that period. U.S. District Judge Yvonne Gonzalez Rogers asked Sutskever to quantify the growth of OpenAI's technology in its early years.
He replied that it was the difference between an ant and a cat, drawing laughter in the courtroom. Musk's attorney questioned the Microsoft executive sharply throughout the day on the third week of the trial.
“Without a for-profit entity, it would be hard for OpenAI to pursue its mission.”
“The mission of OpenAI is larger than a non-profit or for-profit structure.”
Key Facts
Story Timeline
4 events- May 11, 2026
Microsoft CEO testified in Oakland federal court defending OpenAI for-profit shift and investment returns.
2 sourcesNew York Post · The New York Times - May 11, 2026
OpenAI co-founder Ilya Sutskever testified he never promised Musk the company would stay nonprofit.
1 sourceNew York Post - March 2026
OpenAI reached $852 billion valuation, making Microsoft's stake worth around $135 billion.
1 sourceNew York Post - November 2023
OpenAI briefly fired then reinstated its CEO, prompting Microsoft concern and near-merger talks.
2 sourcesNew York Post · The New York Times
Potential Impact
- 01
The trial could determine whether OpenAI must unwind its for-profit corporate structure.
- 02
Outcome may influence how other AI companies structure nonprofit-to-profit transitions.
- 03
A ruling for Musk may force Microsoft to renegotiate or reduce its $135 billion stake.
- 04
Damages up to $180 billion could be awarded if Musk prevails on breach claims.
Transparency Panel
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