From left to right: OpenAI CEO Sam Altman; Tesla and SpaceX CEO Elon Musk. A group of ordinary citizens, who may know very little about artificial intelligence, will soon determine the future direction of OpenAI.
The lawsuit filed by Elon Musk against ChatGPT developer OpenAI and its executives, including CEO Sam Altman, officially began on Monday. Top executives from major tech companies are expected to testify. The central dispute is whether OpenAI's management deceived Musk and abandoned the organization's original non-profit mission by secretly transitioning to and establishing for-profit operations.
This trial comes at a critical and sensitive time for OpenAI: the company is considering a large-scale initial public offering (IPO) amidst intensifying competition in the industry. A victory for Musk could completely derail OpenAI's listing plans. Sam Altman and OpenAI co-founder and President Greg Brockman could potentially be removed from their positions, which would clear the path for Musk's own AI venture, xAI, to gain a strategic advantage.
Dan Ives, an analyst at Wedbush Securities, stated in a research note: "Musk versus Altman is like a real-life tech showdown, and all investors are watching closely. In the courtroom, the parties will likely engage in intense mudslinging, which benefits no one involved, and Musk has already personalized this dispute."
However, given that the case involves the world's richest person, a leading AI company, and numerous top tech giants and industry leaders, the task of selecting a completely neutral and unbiased jury is extremely challenging.
How will the jury be selected? Musk and Altman are not just corporate executives but globally recognized public figures. Jury consultant Ellen Turkheimer told CNN that a significant number of potential jurors, especially those from Silicon Valley, "already hold deep-seated opinions about these two giants of tech and AI."
Professor Elizabeth Lippy, Director of the Trial Advocacy Program at Temple University's Beasley School of Law, believes that pre-existing impressions are not an absolute barrier. "The law does not require jurors to have never heard of Elon Musk or artificial intelligence," she said. "It only requires that they set aside any prior knowledge and base their verdict solely on the evidence presented in court."
Turkheimer revealed that during the jury selection process on Monday, the judge would summon a pool of potential jurors three times larger than usual for a civil case. The judge and attorneys for both sides will thoroughly vet the candidates' attitudes, examining not only their views on the famous parties but also public sentiment towards the AI industry as a whole.
In this case, the jury's role is only to provide an advisory opinion on liability. The final decisions regarding damages, penalties, and other rulings rest entirely with the presiding judge, Yvonne Gonzalez Rogers.
Musk's Core Legal Claims Musk co-founded OpenAI in 2015 and supported its operation as a non-profit, providing financial backing. He claims to have contributed approximately $44 million in the early days. However, in 2018, a fierce power struggle erupted, leading Musk to leave the company. He later founded his own AI company, xAI.
After Musk's departure, OpenAI needed to secure operational funding and established a for-profit subsidiary in 2019. In 2025, this for-profit entity was restructured into a capped-profit company, supervised by a non-profit foundation. This structural change was approved last year by the attorneys general of California and Delaware.
Musk alleges that this restructuring fundamentally betrayed OpenAI's original purpose: to develop safe, open-source artificial intelligence for the public benefit, not for private profit. He contends that OpenAI is illegally profiting from his initial contributions, constituting a breach of charitable trust and unjust enrichment.
Microsoft is also named as a co-defendant, accused of aiding and abetting OpenAI's alleged breach of charitable trust. Musk wrote in the original complaint: "Altman and his cohorts betrayed me and the founding ethos of this non-profit institution. This breach of trust and fraud is a Shakespearean drama of scandal."
Musk's demands include a court order forcing OpenAI to revert to its original non-profit structure, the removal of Altman and Brockman from the board of directors, and damages exceeding $130 billion. Musk has stated to the court that any damages awarded would be directed to OpenAI's non-profit entity, and he would not personally profit.
OpenAI has countered these claims, arguing that it was Musk himself who initially pushed for the company to adopt a for-profit model. The company suggests his departure was truly due to his failure to gain full control over decision-making. OpenAI asserts the lawsuit stems from Musk's jealousy, regret over leaving, and an intent to maliciously hinder a competitor.
Professor Lippy pointed out: "The core issue of this case is highly relevant – can a company founded with a mission for public benefit fundamentally transform and deviate from that original purpose? At the same time, jurors and the public will scrutinize Musk's true motives: is this lawsuit about upholding principles, or is it purely a business tactic? This tension will run throughout the case."
The trial evidence includes hundreds of pages of emails, text messages, and private documents from tech industry leaders. Expected witnesses include Musk, Altman, Brockman, Microsoft CEO Satya Nadella, former OpenAI executives, and individuals connected to Musk, including Shivon Zilis, a former OpenAI board member and mother of several of his children.
Jury deliberations are expected to begin on May 12th. Lippy stated: "A single email can be devastating under cross-examination, but the outcome of a trial always hinges on the narrative, contextual facts, the credibility of the parties, and the burden of proof. The ultimate victor will be the side that can weave the complex documents into a complete, understandable, and convincing story for ordinary people."
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