Musk Testifies in Lawsuit Accusing OpenAI of Abandoning Nonprofit Mission

Elon Musk sparred with lawyers for Sam Altman and OpenAI during a courtroom session on April 30, 2026, in Oakland, California. The exchange unfolded at the Ronald V. S.

District Judge Yvonne Gonzalez Rogers. The case centers on Musk's claims that OpenAI misused his donations and support while pursuing massive commercial ambitions. Under cross-examination, OpenAI lawyer William Savitt pressed Musk on whether he ignored warning signs about the organization's shift toward a for-profit structure.

Savitt referred to a 2017 term sheet that discussed plans for a for-profit entity overseen by a nonprofit board. Musk maintained that he relied on assurances from Altman and others. 'I was reassured by Sam Altman and others that OpenAI would continue as a nonprofit,' Musk said.

The lawsuit alleges that OpenAI abandoned promises to build a nonprofit AI organization focused on public benefit and transformed it into a profit-driven enterprise. Tensions rose during the questioning. Judge Rogers criticized the lawyer for interrupting Musk during one exchange on April 30, 2026, though she rejected Musk’s complaints that the questioning itself was improper.

Savitt highlighted emails and text messages showing discussions among OpenAI founders about eventually commercializing AI technology and limiting open-source access. He also pointed to messages suggesting Musk had expressed openness to a for-profit structure. Musk left OpenAI’s board in 2018.

Under further questioning on April 30, 2026, Musk acknowledged that xAI uses OpenAI systems to help train and validate its own AI models. 'It is standard practice to use other AIs to validate your AI,' Musk stated. Musk is seeking $150 billion in damages from OpenAI and Microsoft.

He is also pursuing sweeping changes to OpenAI’s structure, including a return to nonprofit status and the removal of Altman and Brockman from leadership positions. 'I don’t think you should turn a nonprofit into a for-profit,' Musk stated. OpenAI has defended its structure, arguing the for-profit arm was necessary to attract billions of dollars needed for computing infrastructure and top AI talent.

During the trial, Musk's lawyer Steven Molo argued that expert testimony about AI’s potential threat to humanity should be admitted. 'Extinction risk is a real problem. We all could die,' Molo told the court.