A high-profile trial between two of Silicon Valley’s most prominent figures began on Monday in California, marking the latest chapter in a long-running and increasingly bitter dispute between Elon Musk and Sam Altman.
At the centre of the case are allegations by Musk that Altman abandoned the founding principles of OpenAI by transforming it from a non-profit organisation into a for-profit enterprise.
Jury selection commenced at a federal courthouse in Oakland, with Judge Yvonne Gonzalez Rogers presiding over proceedings. Addressing prospective jurors, she emphasised that the case would remain accessible despite its connection to artificial intelligence.
“This is just a case about promises and breaches of promises, it won’t get technical at all,” she said.
Altman and OpenAI president Greg Brockman were present in court for the opening phase of jury selection, while Musk was notably absent.
Musk’s lawsuit centres on claims that Altman misled him into backing OpenAI under the premise that it would remain a non-profit focused on safety and open access to artificial intelligence.
The complaint alleges that, after securing his financial support and advancing its capabilities, the organisation shifted course, pursuing lucrative commercial partnerships, including major deals with Microsoft, and establishing a for-profit structure.
The suit accuses Altman, Brockman and Microsoft of breaching charitable trust and engaging in unjust enrichment. Musk had previously included fraud allegations but withdrew those claims last Friday.
OpenAI has strongly rejected the accusations, maintaining that Musk had agreed as early as 2017 that transitioning to a for-profit model would be necessary for the company’s growth.
The organisation has further argued that Musk’s financial contributions were structured as tax-deductible donations rather than investments, and therefore do not grant him ownership rights. It also claims that Musk’s actions are driven by “jealousy” and “regret for walking away”.
During jury selection, potential jurors were asked to complete questionnaires addressing their views on Musk and artificial intelligence.
Follow-up questioning revealed that many held unfavourable opinions of the billionaire, with one describing him as a “jerk” and another stating they “disagree with a lot of things he’s done”.
One prospective juror, identifying as a news enthusiast, referenced Musk’s perceived involvement in policies linked to Donald Trump, stating: “Elon doesn’t care about people … He probably cares more about money.”
Others expressed mixed attitudes towards artificial intelligence, with some voicing concerns and others describing themselves as regular users of OpenAI’s ChatGPT.
Despite these views, most indicated they could remain impartial. As one juror remarked: “While I do not like him, I can definitely separate my feelings about him from the facts in the case.”
The case carries significant implications for OpenAI, which is reportedly preparing for a public listing later this year at a valuation of around $1 trillion.
Musk is seeking extensive remedies, including the removal of Altman and Brockman from the company, damages exceeding $134 billion—intended, he says, for redistribution to OpenAI’s non-profit arm—and a reversal of its for-profit restructuring.
OpenAI was founded in 2015 by Altman, Musk and several others as a non-profit organisation, with Musk contributing approximately $38 million.
Their relationship deteriorated around 2017, when Musk grew dissatisfied with the company’s progress and unsuccessfully attempted to gain greater control. He subsequently stepped down from the board in 2018 and ceased further funding.
In the years following Musk’s departure, OpenAI experienced rapid growth, launching the widely adopted ChatGPT platform, securing tens of billions of dollars in investment from Microsoft, and emerging as one of the world’s most valuable private technology firms.
As it pursued further capital in 2025, regulators approved a restructuring that allowed its core operations to function as a for-profit entity, while remaining under the oversight of its original non-profit body.
The trial is expected to run for approximately three weeks, with opening statements scheduled to begin on Tuesday. Proceedings are anticipated to feature testimony from key industry figures, including Musk, Altman and Microsoft chief executive Satya Nadella.
