Sam Altman Testifies Elon Musk Sought Control of OpenAI and Backed For-Profit Shift
OpenAI CEO Sam Altman told a federal jury in Oakland that Elon Musk wanted majority control of the AI startup he co-founded and suggested its leadership would pass to his children if he died. Altman disputed Musk’s accusation that he stole a nonprofit, testifying that Musk knew about and supported plans to create a for-profit arm.
New York PostOpenAI Chief Executive Sam Altman testified Tuesday that Elon Musk pushed for majority control of the company in its early years and responded to questions about what would happen if he died by saying control of OpenAI should pass to his children. The statement, which Altman described as one of several “hair raising” moments, left him extremely uncomfortable and contributed to his unease about Musk’s views on AI safety.
, now in its third week. Musk, who co-founded OpenAI in 2015, has accused Altman of steering the organization away from its nonprofit mission to benefit humanity and turning it into a for-profit entity that enriched its leaders. Musk is seeking more than $150 billion in damages from OpenAI and Microsoft and wants the court to restore the company’s nonprofit status and remove Altman.
” >"It feels difficult to even wrap my head around that framing. " — Sam Altman, May 2026 (New York Post) OpenAI’s lawyers have argued that Musk knew about and at times supported the shift to a for-profit structure before he left the company following a power struggle in 2017.
Altman testified that Musk attended a meeting at Tesla headquarters in spring 2018 where a term sheet for the for-profit plan was reviewed and that Musk voiced no objections. Instead, Altman said, Musk applauded the move and told the group the lab needed to raise billions of dollars quickly or Google’s DeepMind would win the AI race.
An email shown in court from late 2018 had Musk urging OpenAI to ramp up fundraising efforts, warning that “humanity’s future is in the hands of Demis,” a reference to DeepMind’s Demis Hassabis. Altman also recounted that Musk proposed merging OpenAI with Tesla.
When that idea was rejected, Musk left the company. Altman testified that a merger would have destroyed the nonprofit. Musk offered Altman a seat on Tesla’s board as part of the discussions, but Altman viewed the overture as carrying an implicit threat that Musk might develop AI at Tesla anyway.
The testimony painted a picture of repeated discussions in 2017 and 2018 about OpenAI’s structure and funding needs. Altman said there was a moral boost at the company when Musk became less involved because his demands for short-term contribution metrics were out of step with the long-term research being pursued.
Musk has testified that he was a “fool” to trust Altman and provided $38 million in funding that helped create what became an $800 billion company. OpenAI has countered that Musk walked away after co-founders denied his proposals for majority control.
The case has drawn intense attention in Silicon Valley as it pits two of the sector’s most prominent figures against each other. A victory for Musk could force OpenAI to unwind its commercial structure, while a loss would likely solidify Altman’s position as the company pursues a potential initial public offering.
OpenAI, the maker of ChatGPT, has raised hundreds of billions of dollars from investors and is valued at roughly $730 billion. The trial’s outcome could affect the broader AI competitive landscape, including Musk’s own startup xAI. Former OpenAI executives including Ilya Sutskever and Mira Murati have provided testimony that touched on Altman’s leadership style.
Murati said in taped deposition played in court that Altman created an environment of chaos by telling different things to different people. Altman used his time on the stand to defend his record and highlight OpenAI’s current safety efforts. He also addressed his brief removal as CEO in late 2023, telling the board it was a terrible way to handle the situation without damaging the company he said he loved.
Testimony has detailed how Musk initially helped fund OpenAI but grew dissatisfied with its direction. Altman said Musk’s desire for complete control stood in contrast to his public statements that no single person should control the future of artificial intelligence.
Documents and messages shown in court included text exchanges between Altman and Shivon Zilis, a former OpenAI board member and mother of four of Musk’s children, discussing how best to present business ideas to Musk without irking him. Altman said he did not discuss Microsoft’s $10 billion investment with Musk because Musk was preparing to launch a competing AI lab.
Closing arguments are expected soon, after which the jury will deliberate. U.S. The trial has offered a rare public look at the internal dynamics, funding discussions and competing visions that shaped one of the most influential companies in the current AI boom.
Key Facts
Story Timeline
5 events- May 2026
Sam Altman testifies that Musk wanted control of OpenAI and suggested it would pass to his children.
2 sourcesNew York Post · The New York Times - 2018
Musk reviewed term sheet for OpenAI for-profit structure and urged raising billions of dollars.
2 sourcesNew York Post · The New York Times - 2017
Musk left OpenAI after co-founders rejected his proposal for majority control and merger with Tesla.
2 sourcesNew York Post · The New York Times - 2024
Musk filed federal lawsuit against OpenAI, Altman and Microsoft seeking $150 billion-plus in damages.
2 sourcesNew York Post · The New York Times - Last month
Trial began in Oakland federal court with Musk testifying first.
2 sourcesNew York Post · The New York Times
Potential Impact
- 01
Altman win would allow OpenAI to proceed with planned IPO and data center expansion.
- 02
Trial testimony has revealed internal emails and texts from OpenAI's founding period.
- 03
Jury deliberations will begin after closing arguments expected later this week.
- 04
A Musk victory could force OpenAI to revert to nonprofit status and unwind commercial deals.
- 05
Outcome may affect competitive dynamics between OpenAI, xAI and other AI labs.
Transparency Panel
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