Elon Musk, Tesla CEO, says he has no plans to personally profit from his high-profile legal battle against OpenAI, even as the case moves toward a potentially explosive jury trial this spring.
“Btw, the proceeds of any legal victory in the OpenAI case will be donated to charity. I will in no way enrich myself,” Musk wrote in a post on X yesterday.
Musk has made large charitable contributions in the past, including donating about $5.7 billion worth of Tesla stock in 2021, according to regulatory filings, though the recipients were not publicly disclosed at the time, and his broader philanthropy has faced scrutiny for limited transparency and ties to his own foundation.
The statement comes as a federal judge in California prepares to oversee what could become one of the most closely watched tech trials in recent years, involving Musk, OpenAI CEO Sam Altman, and the company’s deep ties to Microsoft.
Trial Set For Late April Showdown
According to Business Insider, the case is scheduled to go before a federal jury in Oakland, with jury selection beginning April 27 and opening arguments expected the following day. The trial could run through May 22.
Judge Yvonne Gonzalez Rogers ruled in January that Musk presented enough evidence for the dispute to be decided by a jury.
“I think there’s plenty of evidence,” the judge said during a January hearing. “It’s circumstantial, but that’s how these things work.”
That decision cleared the way for a courtroom clash between two of the most influential figures in artificial intelligence.
Dispute Centers On OpenAI’s Shift
At the heart of the lawsuit is Musk’s claim that OpenAI abandoned its original mission.
Musk, who co-founded OpenAI in 2015, says he contributed about $38 million to support a nonprofit effort focused on developing artificial intelligence for the benefit of humanity.
He argues that OpenAI’s shift toward a for-profit model, along with its partnership with Microsoft, violated that understanding.
OpenAI disputes that claim and says Musk was aware of the company’s direction years ago. The company has described the lawsuit as baseless and part of a broader campaign against it.
The legal battle reflects a deeper rift between Musk and Altman that has been building for years.
Newly released messages from 2023 show the tension between the two.
“I don’t think openai would have happened without you — and it really f***ing hurts when you publicly attack openai,” Altman wrote to Musk.
Musk responded: “I hear you and it is certainly not my intention to be hurtful, for which I apologize, but the fate of civilization is at stake.”
Judge Questions Massive $134 Billion Claim
While the case is moving forward, the judge has raised serious doubts about the scale of Musk’s financial claim.
Musk is seeking about $134 billion in damages, based on an expert analysis that attempts to quantify the value of his early contributions to OpenAI.
According to the Financial Times, at a recent pre-trial hearing, Judge Gonzalez Rogers openly questioned that calculation.
“A jury is going to understand that [Musk’s expert] is pulling these numbers out of the air,” she said.
She added: “Do I find it convincing? Not really. Based on what I’ve seen, do I find it particularly persuasive? Not really.”
Despite those concerns, the judge declined to exclude the expert testimony, allowing Musk to present his argument to a jury.
The damages claim is central to the case. If accepted, it could result in OpenAI being liable for about $109 billion, with Microsoft potentially responsible for another $25 billion.
Case Hinges On Expert Testimony
According to the Financial Times, Musk’s damages estimate relies on an analysis by an economist who argued that Musk’s funding and early involvement accounted for between 50% and 75% of the value of OpenAI’s nonprofit arm.
That nonprofit entity still holds a significant stake in the company’s for-profit business, which has been valued at hundreds of billions of dollars.
OpenAI’s legal team has pushed back hard against those claims, arguing that the methodology behind the numbers lacks a clear foundation.
During the hearing, the company’s lawyers said there was effectively “no equation” supporting the conclusions.
The judge acknowledged that removing the expert testimony could have effectively ended the case.
“This trial is done, because they have no evidence of damages, right?” she said.
Instead, she opted to let the jury weigh the credibility of the analysis.
High Stakes Beyond The Courtroom
The outcome of the trial could have real consequences for the companies involved and the fast-moving AI space.
At its core, the case is about whether early backers of a nonprofit should have a say — or a stake — once that project turns into a massive business.
It also reflects how competitive the AI race has become, with money, control and long-term goals all colliding.
Musk has since started his own AI company, putting him in direct competition with OpenAI.
Principles, Billions And A Jury’s Call
Musk is framing his lawsuit as a fight over principle, not profit, saying any financial award would go to charity.
But the courtroom battle will ultimately come down to whether a jury believes his claims, and whether it accepts a damages figure that even the presiding judge has described as unconvincing.
With trial set to begin in late April, the case is poised to become a defining moment in the ongoing struggle over the future of artificial intelligence.
IMAGE CREDIT: “Elon Musk” by Gage Skidmore, via Flickr. Licensed under CC BY-SA 2.0. Image adjusted for layout.