The Final Week of the Musk–Altman Trial
In the third and final week of the high-stakes legal battle between Elon Musk and OpenAI, both sides spent their last hours in court hammering at each other's trustworthiness. The jury, now tasked with delivering an advisory verdict, must decide whether OpenAI's CEO Sam Altman broke a foundational promise or whether Musk is simply a rival trying to derail a competitor. Closing arguments featured unflattering side-by-side mugshot-style photos of the two tech titans, a dramatic visual underscoring the personal nature of the dispute.
Credibility Under Fire: Altman Grilled on Past Deals
Altman endured fierce cross-examination over his alleged history of lying and self-dealing with companies that do business with OpenAI. Musk's lawyer, Steven Molo, pressed Altman about statements he made during OpenAI's early years, suggesting that the CEO had misled donors about the organization's nonprofit mission. Altman pushed back, painting Musk as a power-hungry figure who wanted to control the development of artificial general intelligence (AGI)—AI capable of outperforming humans in most cognitive tasks.
A Donkey Trophy as a Symbol of Safety
To demonstrate their commitment to AI safety, OpenAI's legal team introduced a curious piece of evidence: a golden trophy shaped like a donkey's backside. The trophy had been given to an employee after he was called a “jackass” for resisting Musk's aggressive push toward AGI. The exhibit was meant to show that OpenAI had prized caution over speed, even when it meant clashing with Musk.
Closing Arguments: Broken Promises vs. Sabotage
In closing statements, Molo argued that Altman and OpenAI president Greg Brockman broke their word to Musk. He claimed that the $44 million Musk donated was supposed to keep OpenAI a nonprofit dedicated to benefiting humanity. Instead, the organization created a for-profit subsidiary that enriched its leaders. “They promised one thing and did another,” Molo told the jury.
OpenAI's lawyer, Sarah Eddy, countered that no such promise was ever made. She acknowledged the restructuring but insisted OpenAI remains a nonprofit at its core, dedicated to safe AI development. She also argued that Musk sued too late and that his real motive was to sabotage a competitor—his own AI company, xAI, launched in 2023. “This lawsuit isn't about charity; it's about business,” Eddy said.
What Musk Is Asking For
Musk is seeking a court order to unwind OpenAI's 2025 restructuring, which converted its for-profit subsidiary into a public benefit corporation. He also wants Altman and Brockman removed from their leadership roles. In addition, Musk claims as much as $134 billion in damages from OpenAI and Microsoft—money that would be awarded to OpenAI's nonprofit arm.
Jury Deliberations: Advisory Verdict Only
The jury will begin deliberating on Monday and is expected to deliver an advisory verdict as soon as next week. That verdict is not binding; the judge will make the final decision. Still, the jury's opinion could strongly influence the outcome.
The Stakes: IPOs and Trillions
If the judge sides with Musk, it could upend OpenAI's plans for an initial public offering at a valuation approaching $1 trillion. Meanwhile, xAI is expected to go public as part of Musk's rocket company SpaceX as early as June, with a target valuation of $1.75 trillion. The trial's outcome could reshape the AI industry's financial landscape for years to come.
Musk the Power-Seeker vs. Altman the Liar
Throughout the trial, the competing narratives became clear. In the first week, Musk portrayed himself as a white knight, suing to preserve OpenAI's original mission. This week, Altman testified that Musk was anything but a paladin of AI safety. He claimed that during a 2017 discussion about creating a for-profit arm, Musk was asked what would happen to his control if he died. “Maybe the control of OpenAI should pass to my children,” Musk allegedly replied, according to Altman.
Musk's lawyer seized on Altman's own credibility, grilling him about his history of “lying” and pointing to testimony from former OpenAI executives. The battle of character has become a central theme, and now the jury will have to pick a side—at least for the advisory verdict.
With billions of dollars and the future of AI governance at play, this trial has captivated the tech world. The final decision rests with a federal judge, but the jury's voice will be heard.