Published 05/01/26 AT 10:03 PM AEST Share on Facebook — Ariel Givner (@GivnerAriel) April 28, 2026 The lawsuit, filed in 2024, accuses Altman, Brockman and OpenAI of breaching fiduciary duties by converting the organization into a profit-driven entity valued at hundreds of billions and preparing for an IPO. Musk seeks more than $150 billion in damages and an order to unwind the changes, returning control and intellectual property to the nonprofit. He claims the original mission required no financial return and focused on humanity's benefit, not enriching insiders or partners like Microsoft. OpenAI's lawyers fired back in their opening, arguing Musk knew about plans for a for-profit arm from the start and left the board voluntarily in 2018. They portray the suit as a competitive move by Musk, whose own xAI startup now rivals OpenAI. Defense attorney William Savitt told jurors the case boils down to Musk not getting his way, not a betrayal of any binding promise. The trial, which began with jury selection on April 27 and opened in earnest April 28, has already featured heated testimony. Musk took the stand as the first witness, recounting his upbringing, early companies and long-standing fears about artificial general intelligence. He described OpenAI as a response to Google's dominance and insisted he could have launched it as a for-profit but chose the nonprofit path for ethical reasons. Cross-examination grew tense, with Musk accusing OpenAI's lawyer of trying to "trick" him and snapping, "You're misleading." As of May 1, the proceedings have entered their fourth day. Musk has spent multiple days on the witness stand, with cross-examination continuing and expected to wrap soon. Altman, Brockman and Microsoft CEO Satya Nadella are among those slated to testify later. The monthlong trial before U.S. District Judge Yvonne Gonzalez Rogers could reshape AI development, corporate governance and the balance between nonprofit ideals and commercial realities in Silicon Valley. Legal observers say the case hinges on whether OpenAI's founders made enforceable promises to keep the organization nonprofit forever. Musk's team presented the 2017 emails and Brockman's diary as evidence of bad faith. OpenAI counters that the nonprofit structure was always intended to evolve with a for-profit subsidiary to fund research, similar to a museum gift shop supporting the museum. The company argues it has delivered on its mission by developing safe AI while attracting necessary capital from Microsoft. The courtroom drama has drawn intense media attention and public fascination. Demonstrators gathered outside the Oakland courthouse during jury selection, reflecting broader debates about AI ethics, corporate power and Musk's influence. Givner's real-time X updates, which included apologies for typos and promises of more notes during breaks, turned the usually opaque legal process into a live-streamed spectacle followed by tech enthusiasts and Musk supporters. Musk founded xAI in 2023 partly to counter what he sees as OpenAI's closed, profit-driven direction. He has repeatedly warned that unchecked AI development poses existential risks, a theme he reiterated in testimony. OpenAI maintains it remains committed to safety and has implemented safeguards in models like ChatGPT, while pursuing the resources needed to compete globally. The stakes extend far beyond personal animosity between former friends Musk and Altman. A ruling in Musk's favor could force OpenAI to restructure, potentially slowing its momentum or returning valuable IP to the nonprofit. A defense victory would affirm the company's right to adapt its structure and validate its multibillion-dollar valuation. Either outcome could influence how future AI labs are organized and funded. Givner, an IP and corporate attorney with experience in fintech and crypto, positioned her thread as neutral live coverage. Her bio notes roles with MonkeDAO and DiversiFi, lending credibility to her detailed legal observations. The thread's rapid spread underscored X's role as a primary source for breaking courtroom news in the social media era. As the trial continues into its second week, both sides prepare for testimony from key figures who shaped OpenAI's early days. Musk has described himself as a "fool" for continuing to fund the organization after tensions arose, while OpenAI insists he was fully aware of and supported early commercial moves. The jury will ultimately decide whether the shift from nonprofit to for-profit constituted a betrayal or a necessary evolution. For now, the viral thread from April 28 serves as a time capsule of the trial's explosive opening, capturing the raw emotions and high principles at stake. Whether Musk's vision of AI as a public good prevails or OpenAI's commercial model is upheld, the case has already highlighted the tensions between idealism and pragmatism in the race to build the future's most powerful technology. © Copyright 2026 IBTimes AU. All rights reserved. MEET IBT NEWS FROM BELOW CHANNELS Request a Correction