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Elon Musk said Sam Altman ‘stole’ a non-profit — but the trial showed he had similar aims

TechCrunch · Tuesday, May 19, 2026 · Category: Regulation
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Elon Musk said Sam Altman ‘stole’ a non-profit — but the trial showed he had similar aims

A jury rejected Elon Musk's lawsuit against OpenAI's founders and Microsoft, delivering a swift verdict that legal observers saw as validation of what unfolded in court. Musk's case was considered weak in part because he waited years to file it. During closing arguments, OpenAI's legal team methodically outlined why the law supported their position, while Musk's attorneys focused on attacking Sam Altman's credibility and expressing disbelief that anyone would disagree with their client's accusations. The outcome caught some off guard, including Musk himself, who called Judge Yvonne Gonzalez Rogers a "terrible activist Oakland judge" in a since-deleted post before announcing plans to appeal. Musk declared, "There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity." The trial's proceedings revealed as much about Musk as they did about the defendants. Greg Brockman testified that in 2017, Musk requested a team of OpenAI researchers visit Tesla's headquarters to assist the autopilot team. "It was pretty clear that was not something we could say no to," Brockman stated. The delegation included leading scientists Andrej Karpathy, Ilya Sutskever, and Scott Gray, who consulted with Tesla workers described as "demoralized." Sutskever advised that finding 10,000 images of a challenging corner case could fix their software issues. Musk even asked Brockman to recommend which employees should be fired, though Brockman refused. A person familiar with the incident confirmed Brockman's account and noted Tesla did not reimburse OpenAI for the employees' time. Musk's family office, Excession, did not respond to requests for comment. At the core of Musk's lawsuit was an allegation of "breach of charitable trust" — that his donations to OpenAI were meant for charitable purposes and that Altman and Brockman improperly enriched themselves by transforming the nonprofit into a commercial enterprise. The jury's decision effectively rejected this framework. Meanwhile, the evidence showed Musk himself benefited from OpenAI's resources during the nonprofit's early years, having served as one of its founding figures before his departure in 2018. The trial exposed the irony of Musk accusing others of misusing nonprofit funds while he had leveraged OpenAI researchers for his own company's benefit without compensation flowing back to the charity.

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