Update: Musk to appeal

*  *  * 

A nine-person federal jury has sided with OpenAI, Sam Altman, Greg Brockman, and Microsoft, determining that Elon Musk filed his high-profile lawsuit too late under the statute of limitations. The verdict effectively ends Musk’s claims that OpenAI abandoned its founding nonprofit mission to benefit humanity.

The jury unanimously concluded that Musk knew or should have known about OpenAI’s shift toward a for-profit model and major Microsoft partnerships years earlier - potentially as far back as 2019–2021, making his August 2024 filing untimely. U.S. District Judge Yvonne Gonzalez Rogers in turn accepted the advisory jury’s finding on this threshold issue and dismissed the case. 

Musk, a co-founder who contributed roughly $38–44 million in OpenAI’s early days, alleged that the company betrayed its original charitable trust by pursuing massive profits and commercial deals, particularly with Microsoft. He sought up to $150 billion in damages or “ill-gotten gains,” the removal of Altman and Brockman from leadership, and a restructuring to restore the nonprofit focus on safe, humanity-benefiting AI.

OpenAI countered that Musk was fully aware of the company’s evolving plans (including for-profit elements he himself had once advocated), waited until after launching his competing xAI venture in 2023, and was motivated by competitive rivalry rather than genuine concern for the mission. They described the suit as “sour grapes.”

Developing...