Inteligencia Artificial (IA)
Judge orders trial after rejection of Sam Altman's request in Elon Musk's lawsuit against OpenAI.
Paloma Firgaira
2026-01-08
5 min read
A federal judge in California has decided that the case filed by Elon Musk against OpenAI and its CEO, Sam Altman, will proceed to trial, rejecting attempts by the artificial intelligence company's lawyers to dismiss the case. Musk accuses OpenAI of misleading him by changing its original nonprofit structure to become a for-profit company, especially after its partnership with Microsoft.
During a hearing on Wednesday, Judge Yvonne Gonzalez Rogers stated that there is enough evidence for a jury to assess whether Musk was misled. "This case will go to trial," the judge declared, noting that while the evidence may be circumstantial, it is relevant to the case. The trial is scheduled for March.
In his lawsuit filed in 2024, Musk claims he donated $38 million to OpenAI to support its mission of developing artificial intelligence for the benefit of humanity. He is now seeking financial compensation and the annulment of the licensing agreement between OpenAI and Microsoft.
The judge emphasized that there were promises regarding the maintenance of the nonprofit structure and that "a lot of information was not shared." However, she also acknowledged that OpenAI's defense presents strong arguments, so it will be up to the jury to decide the outcome.
OpenAI's lawyers deny the allegations and assert that Musk was aware of the company's plans to operate for profit since 2018. OpenAI insists that its organization remains under the control of its nonprofit branch and describes Musk's lawsuit as unfounded and part of a pattern of harassment, according to statements reported by Business Insider.
Steven Molo, Musk's attorney, expressed satisfaction with the judicial decision and stated his intention to present all evidence to the jury.
Musk, who co-founded OpenAI in 2015 and left in 2018 due to potential conflicts of interest with Tesla, has filed several lawsuits against the company. Recently, his company xAI also sued OpenAI for alleged misappropriation of trade secrets and employee poaching. Since his departure, Musk has openly criticized OpenAI's evolution and structure, and in 2023, he launched his own artificial intelligence firm, xAI.