tech
What the jury will actually decide in the case of Elon Musk vs. Sam Altman
Here's what the biggest tech court case of the year is all about.

TL;DR
- Jurors are deciding on breach of charitable trust, unjust enrichment, and aiding and abetting breach of charitable trust in Musk's case against OpenAI.
- OpenAI's defenses include statute of limitations, unreasonable delay in filing the lawsuit, and the 'unclean hands' doctrine.
- Musk's attorneys argue OpenAI violated an agreement to use donations for a specific charitable purpose, while OpenAI claims donations were used for goals and that Musk attempted to control a for-profit affiliate.
- The trial is considering the $10 billion Microsoft investment in 2023 as a pivotal event, potentially enriching investors at the expense of the charitable mission.
- OpenAI counters that its for-profit arm fulfills the mission, generates equity value, and that Musk's involvement ended in 2018.
- Key dates and evidence include the forensic accountant's testimony that donations were used before August 5, 2021, and that equity distributions occurred after Musk left in 2018.