A group of regular people, who might possess minimal understanding of artificial intelligence, will soon have the power to shape the destiny of OpenAI.
Elon Musk’s lawsuit against ChatGPT developer OpenAI and its leadership, including CEO Sam Altman, heads to court this Monday. Testimony is anticipated from some major figures in the technology sector concerning whether the executives misled Musk and betrayed OpenAI’s initial non-profit ethos as the organization evolved to incorporate a for-profit arm.
The trial arrives at a precarious moment for OpenAI, facing a looming monumental IPO and intense rivalry from competitors. OpenAI’s IPO aspirations could falter if Musk prevails in court. Altman and OpenAI co-founder and President Greg Brockman might face removal from their roles, potentially clearing the path for Musk’s AI venture, xAI, to advance its agenda.
“This is a tech soap opera that every investor will be watching as Musk versus Altman steps into the MMA ring,” stated Wedbush analyst Dan Ives via a memo. “We anticipate plenty of mudslinging in the Musk vs. Altman trial, which is unfavorable for all parties, but Musk has made this personal.”
However, in a case involving the world’s wealthiest individual, a company synonymous with AI, major tech players, and prominent CEOs, securing an impartial jury presents a significant challenge.
How will the jury be selected?
Musk and Altman are more than just CEOs; they are celebrities. Many prospective jurors, particularly those from Silicon Valley, “will have very strong feelings about the two tech and AI titans,” jury consultant Alan Turheimer informed CNN.
But this very fact is not inherently problematic, according to Professor Elizabeth Lippi, Director of Trial Advocacy at Temple University Beasley School of Law.
“The law doesn’t require jurors who have never heard of Elon Musk or AI,” she commented. “It requires jurors capable of setting aside what they have heard and deciding the case solely upon the evidence presented in court.”
The judge is assembling a considerably larger pool of candidates during jury selection on Monday, roughly three times the usual size for a civil case, Turheimer noted.
The judge and legal teams will endeavor to “dissect” potential jurors’ viewpoints not just on the famous names, but on artificial intelligence broadly, Turheimer added.
The jury will offer only non-binding recommendations to Judge Yvonne Gonzalez Rogers, who will ultimately decide on any defenses.
What is Musk claiming?
Musk was a co-founder and helped fund OpenAI as a non-profit entity in 2015, contributing approximately $44 million over the first few years, according to his accounts. However, he departed the company in 2018 following a sharp internal power struggle. (Musk later established his own AI firm, xAI.)
Following Musk’s exit, OpenAI needed to secure more capital. In 2019, a commercial subsidiary was established, which restructured in 2025 into a public-benefit corporation overseen by the non-profit foundation. The Attorneys General of California and Delaware sanctioned this modification last year.
Musk contends that this pivot betrayed OpenAI’s original non-profit mandate to develop safe, open AI technologies for the public good, rather than for private financial gain. He argues the company improperly profited from his contributions, constituting a breach of charitable trust and unjust enrichment.
Microsoft, whom Musk named a co-defendant, is accused of assisting OpenAI in violating its charitable trust.
“Musk and the eponymous goal of the nonprofit have been betrayed by Altman and his associates,” Musk’s initial complaint stated. “The betrayal and deceit are of Shakespearean proportions.”
Musk seeks a court order mandating OpenAI’s return to its former non-profit structure, the removal of Altman and Brockman from their board positions, and over $130 billion in damages. (Musk has informed the court that any recovery should be directed to the OpenAI non-profit rather than to himself personally).
OpenAI counters that Musk himself advocated for the creation of a commercial structure. The company asserts he left because he could not secure complete control, and that the lawsuit is “motivated by jealousy, regret over leaving OpenAI, and a desire to undermine a competing AI company.”
“The core question is genuinely: Can a company sell a public-benefit mission and subsequently morph into something else?” Lippi queried. “Simultaneously, the jury—and the public—will be weighing Musk’s motives. Is this about principle or competition? That tension will drive the entire case.”
Evidence includes hundreds of pages of emails, texts, and personal records from key technology figures. Witnesses expected to testify include Musk, Altman, Brockman, Microsoft CEO Satya Nadella, former senior OpenAI executives, and individuals close to Musk, such as Shivon Zilis, the mother of some of Musk’s children and a former OpenAI board member. The jury is expected to begin deliberations around May 12th.
“One email might seem devastating on cross-examination, but trials are about narrative, context, credibility, and the burden of proof,” Lippi advised. “The side that can fit the documents into a simple human story the jury can believe will be victorious.”
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