Elon Musk takes the stand in high-profile trial against OpenAI

```json { "title": "Elon Musk Takes the Stand in OpenAI Trial Against Sam Altman", "metaDescription": "Elon Musk begins testimony in his landmark trial against OpenAI, Sam Altman, and Greg Brockman in Oakland. Here's what's at stake for the future of AI.", "content": "<h2>Elon Musk Takes the Stand in High-Stakes OpenAI Trial Against Sam Altman</h2><p>Elon Musk officially began his testimony on April 28, 2026, in the civil trial he brought against OpenAI CEO Sam Altman, company president Greg Brockman, and Microsoft, marking the opening of what could become one of the most consequential legal battles in the history of artificial intelligence. The trial is being held at a federal courthouse in Oakland, California, before U.S. District Judge Yvonne Gonzalez Rogers. Musk was confirmed as the first witness called to testify, taking the stand after a brief 20-minute recess ordered by the judge.</p><p>The proceedings, which began with jury selection on April 27 and opening arguments on April 28, are scheduled to run for four weeks. A cast of prominent tech executives is expected to testify, including Altman, Brockman, former OpenAI chief scientist Ilya Sutskever, former OpenAI CTO Mira Murati, and Microsoft CEO Satya Nadella.</p><h2>What Are the Claims — and What Remains?</h2><p>Of the 26 claims Musk originally asserted in 2024, only two remain going into trial: unjust enrichment and breach of charitable trust. Musk's core argument is that Altman and Brockman betrayed OpenAI's founding mission as a nonprofit dedicated to the public good, and that they — along with Microsoft — wrongfully profited from his early charitable contributions to the organization.</p><p>Court documents show that Musk gave approximately $38 million in seed money to OpenAI between 2016 and 2020, mostly before he left the board. In a January 2026 filing, Musk's lawyers said he should receive up to $134 billion in "wrongful gains" from OpenAI and Microsoft. Microsoft is named as a defendant in the lawsuit, accused of aiding and abetting OpenAI's breach of charitable trust; Microsoft has denied any wrongdoing.</p><p>The trial is structured in two phases: an initial liability phase to determine if any wrongdoing occurred, and a subsequent remedies phase to assess potential damages. Judge Gonzalez Rogers has said she wants jurors to begin deliberations on the defendants' liability by May 12. The jury's verdict will be advisory, guiding the judge's final determination.</p><h2>OpenAI's Restructuring: From Nonprofit to $852 Billion Giant</h2><p>The dispute is rooted in a dramatic transformation of OpenAI's corporate structure. Musk co-founded OpenAI with Altman in 2015 and left its board in 2018 after a bitter power struggle. OpenAI created a for-profit subsidiary in March 2019 — more than a year after Musk left its board — to attract the capital needed for large-scale AI research, drawing major investment from Microsoft.</p><p>In October 2025, OpenAI completed a further restructuring. It became a nonprofit — named the OpenAI Foundation — that holds a controlling equity stake in a for-profit business called OpenAI Group PBC. At the time of the restructuring, the OpenAI Foundation held about a 26% stake in the for-profit entity, while Microsoft — which had backed OpenAI since 2019 — held a roughly 27% stake. OpenAI valued itself at $852 billion after a round of funding in March 2026, and Microsoft's market capitalization stands at about $3.1 trillion.</p><p>Notably, according to OpenAI's official website, the OpenAI Foundation has an initial $25 billion commitment focused on accelerating health breakthroughs and curing diseases — a stated mission that stands in sharp contrast to the legal battle now unfolding over whether the organization betrayed its original charitable purpose.</p><p>Altman's side argues that Musk left OpenAI in 2018 and never gave the full $1 billion he pledged. OpenAI contends he left the company because he was not able to assume total control, and that his suit is "motivated by jealousy, regret for walking away from OpenAI and a desire to derail a competing AI company." Musk launched his own rival AI company, xAI, in 2023.</p><h2>Social Media Tensions and a Judge's Warning</h2><p>The trial has not been without drama outside the courtroom. Judge Gonzalez Rogers scolded Musk on Tuesday for his recent social media posts about the trial and threatened a gag order. Musk, Altman, and Brockman all subsequently agreed to limit their social media posts about the suit.</p><p>In the months leading up to the trial, both sides were vocal on X. Musk posted: <strong>"Scam Altman and Greg Stockman stole a charity. Full stop."</strong> In January, he had written: <strong>"Can't wait to start the trial. The discovery and testimony will blow your mind."</strong> Altman responded in February with: <strong>"Really excited to get Elon under oath in a few months, Christmas in April!"</strong> OpenAI, for its part, posted an official statement: <strong>"This lawsuit has always been a baseless and jealous bid to derail a competitor."</strong></p><p>Judge Gonzalez Rogers herself previously summed up the spectacle with characteristic directness in a prior hearing, describing the case as <strong>"Billionaires versus billionaires."</strong></p><h2>Expert Perspectives on the Legal Questions at Stake</h2><p>The trial raises genuinely novel questions about nonprofit law, corporate transformation, and the rights of former donors and board members to challenge an organization's evolution.</p><p>Jill Fisch, professor of business law at the University of Pennsylvania Law School, framed one of the central tensions: <strong>"I think there's a fundamental question about the extent to which corporations can change, can adjust to circumstances, can reinvent themselves."</strong></p><p>Jill Horwitz, a law professor who studies nonprofit law at Northwestern University, raised questions about Musk's legal standing: <strong>"The idea that Elon Musk can sue because he was a donor or used to be on the board is pretty puzzling."</strong></p><p>Musk's expert witnesses include Stuart J. Russell, a science professor and AI researcher at UC Berkeley and founder of the Center for Human-Compatible Artificial Intelligence, and David M. Schizer, a Columbia Law professor, dean emeritus, and tax scholar.</p><h2>What's at Stake for AI's Future</h2><p>The implications of this trial extend well beyond the principals involved. If Musk prevails on either of his two remaining claims, OpenAI's planned path to an IPO — at a valuation that could approach $1 trillion — could be significantly disrupted. A ruling against OpenAI could also force changes to its corporate structure, potentially compelling a return to a more strictly nonprofit model, or result in the removal of Altman and Brockman from their positions.</p><p>The stakes are underscored by the scale of the numbers involved. Musk's net worth stands at $645 billion, making him the richest person in the world, according to Bloomberg as cited by NBC News. The financial and reputational weight on both sides of this case is enormous.</p><p>Prediction markets reflect the uncertainty: traders on Polymarket were giving Musk 32% odds of success as of the Friday before the trial began — suggesting that while his claims are not seen as frivolous, the path to victory remains an uphill one.</p><h2>What Comes Next</h2><p>With four weeks of proceedings scheduled, the trial is just beginning. Musk's testimony is the first in what is expected to be a parade of high-profile witnesses. Altman, Brockman, Sutskever, Murati, and Nadella are all expected to take the stand. The liability phase must, per the judge's timeline, reach the jury by May 12 — leaving little room for delay.</p><p>Judge Gonzalez Rogers's management of the case so far — including her social media warning and her stated timeline for deliberations — signals that she intends to run a tight ship. Whether the testimony delivers the bombshells Musk predicted, or whether the trial concludes with a more measured legal determination, the outcome will shape how AI companies structure themselves and how courts interpret the obligations of nonprofit founders for years to come.</p><p>For more tech news, visit our <a href=\"/news\">news section</a>.</p>", "excerpt": "Elon Musk took the stand on April 28, 2026, as the first witness in his civil trial against OpenAI CEO Sam Altman, president Greg Brockman, and Microsoft, held before U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California. The four-week trial centers on two remaining claims — unjust enrichment and breach of charitable trust — and could reshape the future of OpenAI and the broader AI industry. With $134 billion in alleged wrongful gains at stake and an $852 billion company in the crosshairs, the outcome will be closely watched across the tech world.", "keywords": ["Elon Musk OpenAI trial", "Musk vs Altman", "OpenAI lawsuit 2026", "OpenAI breach of charitable trust", "Sam Altman trial"], "slug": "elon-musk-takes-stand-openai-trial-sam-altman-2026" } ```