tech
May 15, 2026
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.