Musk v. Altman Trial: A Battle Over OpenAI’s Nonprofit-to-Profit Conversion
April 26, 2026 – 12:13 pm
Summary
Jury selection begins Monday for the highly anticipated trial between Elon Musk and Sam Altman, focusing on OpenAI’s transition from a nonprofit to a for-profit entity. Musk, a co-founder who donated millions, sues Altman, Greg Brockman, and OpenAI, alleging unjust enrichment and breach of charitable trust. The case could result in up to $150 billion in damages and the unwinding of OpenAI’s conversion.
Musk dropped fraud claims, narrowing the focus to the promise made to maintain OpenAI as a nonprofit and the subsequent for-profit conversion.
The Evidence
The key piece of evidence is a 2017 diary entry from Greg Brockman:
"I cannot believe that we committed to non-profit if three months later we’re doing b-corp then it was a lie."
Judge Yvonne Gonzalez Rogers cited this entry in her ruling, finding substantial evidence supporting Musk’s claims.
Musk’s team also presents:
- An email from Altman claiming to remain committed to the nonprofit structure despite Musk’s funding threats.
- Emails, texts, and Slack messages revealing leadership’s private plans contrasting their public statements.
- A text from Altman to Musk, calling him a hero after Musk criticized OpenAI.
The Trial
The advisory jury will hear testimony from Musk, Altman, Nadella, Murati, and Sutskever. However, the judge will decide the remedies.
This trial marks a significant moment in the ongoing debate about AI’s ethical and financial future.