Elon Musk Testifies That He Started OpenAI to Prevent a ‘Terminator Outcome’

April 28, 2026

```json { "title": "Musk Testifies He Founded OpenAI to Prevent 'Terminator' Outcome", "metaDescription": "Elon Musk took the stand in his federal lawsuit against OpenAI, testifying about AI fears and the nonprofit's founding mission. Full trial coverage.", "content": "<h2>Elon Musk Takes the Stand in OpenAI Trial, Cites Fear of AI Apocalypse</h2>\n\nElon Musk testified in federal court in Oakland, California on April 28, 2026, telling a nine-person jury that he co-founded OpenAI out of a genuine fear that uncontrolled artificial intelligence could lead to catastrophic outcomes for humanity. Musk, who took the stand on the second day of proceedings in his lawsuit against OpenAI, CEO Sam Altman, and president Greg Brockman, framed the case as a fight to honor the charitable mission that he says underpinned the company's founding — and which he argues has since been abandoned in pursuit of profit.\n\nThe trial is being held before U.S. District Judge Yvonne Gonzalez Rogers in the United States District Court for the Northern District of California. The nine-person jury's verdict will serve in an advisory capacity, with Judge Gonzalez Rogers making the final determination on liability and remedies. Of the 26 claims Musk originally asserted in his 2024 lawsuit, only two survived to trial: breach of charitable trust and unjust enrichment.\n\n<h2>Musk on the Stand: Star Trek vs. Terminator</h2>\n\nMusk's testimony centered on his stated motivations for helping launch OpenAI in 2015 as a nonprofit artificial intelligence research laboratory. He portrayed himself as the organization's chief architect, telling the court: "I came up with the idea, name, recruited the key people, provided the funding."\n\nHe described his fears about the unchecked development of artificial intelligence in stark terms. "It could make us more prosperous, but it could also kill us all," Musk said from the stand. He elaborated with a cultural reference that underscored the seriousness with which he claims to have approached OpenAI's founding: "We want to be in a Gene Roddenberry movie, like Star Trek, not so much a James Cameron movie, like Terminator."\n\nMusk also testified that his decision to structure OpenAI as a nonprofit was deliberate and principled. "It was specifically meant to be for a charity that did not benefit any individual person," he said, adding: "I could have started it as a for-profit and I chose not to. I chose to make it something for the benefit of all humanity."\n\nAccording to CNN, Musk contributed what he says amounted to at least $44 million to OpenAI in the company's first few years, with court-adjacent reporting from ABC7 indicating that approximately $38 million of that was invested between December 2015 and May 2017. He departed from OpenAI's board in 2018.\n\n<h2>Opening Arguments: 'Stole a Charity' vs. 'Didn't Get His Way'</h2>\n\nBefore Musk took the stand, attorneys for both sides delivered sharply contrasting opening statements that set the adversarial tone for what is expected to be a four-week trial.\n\nMusk's attorney framed the lawsuit in moralistic terms. "We're here today because the defendants in this case stole a charity," said Steven Molo, Musk's lead counsel, in his opening statement.\n\nOpenAI's lead attorney, William Savitt, pushed back with equal directness, telling the court: "We are here because Mr. Musk didn't get his way at OpenAI."\n\nOpenAI has maintained, as cited by CNN, that Musk left the company because he was not able to assume total control, and that his lawsuit is "motivated by jealousy, regret for walking away from OpenAI and a desire to derail a competing AI company."\n\nMusk, for his part, argued the stakes extend well beyond his personal grievances. "If the verdict comes out that it's OK to loot a charity, charitable giving in America will be destroyed," he testified.\n\nMusk has renounced any claim to personal financial damages and is asking for any ill-gotten gains — potentially up to $134 billion — to be redirected to OpenAI's nonprofit foundation. He is also seeking the removal of Altman and Brockman from their leadership roles and a reversion of OpenAI to a nonprofit structure. Musk's lawyer entered into evidence OpenAI's founding charter from 2015, which declared that OpenAI would seek to create "open source technology for the public benefit" and was "not organized for the private gain of any person."\n\n<h2>Judge Warns Both Sides Over Social Media Conduct</h2>\n\nThe trial's legal drama was preceded by an online skirmish that drew a firm rebuke from the bench. On the eve of opening arguments, Musk posted repeatedly on X, his social media platform, calling Altman "Scam Altman" and writing: "Scam Altman and Greg Stockman stole a charity. Full stop."\n\nJudge Gonzalez Rogers addressed the conduct directly before opening statements on Tuesday, warning both sides to "control your propensity to use social media to make things worse outside this courtroom." According to Bloomberg, she issued the warning to both Musk and the OpenAI parties. CNN and ABC7 reported that she threatened to impose a formal gag order. Both Musk and Altman subsequently agreed to limit their social media posts about the suit, as did Brockman.\n\nThe judge's candor extended to jury selection as well. According to ABC7, Judge Gonzalez Rogers told Musk's attorneys during that process: "The reality is that people don't like him. Many people don't like him. That does not mean that Americans can't have integrity for the judicial process."\n\n<h2>Context: What's at Stake in Musk v. Altman</h2>\n\nThe trial arrives at a pivotal moment for the artificial intelligence industry. OpenAI, which began as a nonprofit research lab in 2015, has undergone a dramatic commercial transformation. In 2019, the organization created a for-profit subsidiary to attract outside capital. Microsoft subsequently invested approximately $13 billion in the company — a stake now valued at approximately $135 billion, according to CBS19 News. OpenAI further restructured itself in fall 2024, becoming a public benefit corporation in which both the nonprofit arm and outside investors including Microsoft hold stakes. Under that structure, the nonprofit holds a 26 percent stake in the public benefit corporation, plus warrants tied to certain valuation targets, according to BNN Bloomberg. OpenAI is currently valued at approximately $852 billion.\n\nThe legal question at the heart of the case — whether OpenAI's transformation from a pure nonprofit to a commercial enterprise constitutes a breach of charitable trust — has implications that reach beyond the two parties in the courtroom. If Judge Gonzalez Rogers finds in Musk's favor, it could set a precedent affecting how mission-driven nonprofits in technology and other sectors can restructure themselves to attract private investment. Conversely, a ruling for OpenAI could affirm the legality of the restructuring model the company pursued.\n\nMusk's own financial exposure in the suit has shifted considerably. He previously sought up to $134 billion in personal damages; he is now asking for that amount — characterized as "all ill-gotten gains" — to be returned to the OpenAI charity rather than paid to him personally, according to CNBC.\n\n<h2>What's Next in the Trial</h2>\n\nThe trial is scheduled to run for four weeks. According to NBC News, witnesses expected to take the stand include not only Musk and Altman, but possibly also Microsoft CEO Satya Nadella, top AI researchers, and current and former OpenAI board members. The breadth of the expected witness list suggests the trial will probe not only the specific allegations of breach of charitable trust and unjust enrichment, but the broader history of OpenAI's founding, its internal governance, and the decisions that led to its commercial evolution.\n\nJudge Gonzalez Rogers will ultimately decide the outcome, with the nine-person jury serving only in an advisory role. Her rulings on the two surviving claims — breach of charitable trust and unjust enrichment — will determine whether OpenAI's restructuring stands as-is, whether assets must be returned to the nonprofit, and whether Altman and Brockman remain in their roles.\n\nFor more tech news, visit our <a href=\"/news\">news section</a>.\n\n<h2>Why This Matters Beyond the Courtroom</h2>\n\nThe Musk v. Altman trial is a reminder that the institutions and decisions shaping artificial intelligence are not made in a vacuum — they are made by people, under pressure, with competing interests and imperfect information. How you stay informed, how you protect your focus and decision-making capacity in an era of information overload, and how you manage the cognitive demands of a fast-moving technological landscape are all real productivity and wellness challenges. Moccet is built to help you do exactly that. <a href=\"/#waitlist\">Join the Moccet waitlist to stay ahead of the curve.</a>", "excerpt": "Elon Musk testified on April 28, 2026, in his federal lawsuit against OpenAI and Sam Altman, telling the court he co-founded the nonprofit to prevent a 'Terminator' outcome from unchecked AI. The trial, held before U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, centers on two claims: breach of charitable trust and unjust enrichment. Judge Rogers warned both sides to curb their social media activity before proceedings began.", "keywords": ["Elon Musk OpenAI trial", "Musk v Altman", "OpenAI lawsuit", "AI nonprofit breach of trust", "Sam Altman court"], "slug": "elon-musk-testifies-openai-trial-terminator-outcome" } ```

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