Lawyers for both sides also presented their closing arguments, floating unflattering mugshot-style photos of Musk and Altman next to each other on a giant screen. Musk’s lawyer Steven Molo argued that Altman and OpenAI president Greg Brockman broke their promise to use money Musk donated to maintain OpenAI as a nonprofit that develops AI for the benefit of humanity. Instead, they created a for-profit subsidiary that made them extraordinarily wealthy.
OpenAI’s lawyer Sarah Eddy argued that Altman and Brockman never promised to keep OpenAI a nonprofit. She added that even though it’s been restructured, OpenAI remains a nonprofit dedicated to developing AI safely.
She claimed that Musk sued too late—and that his real motive is to sabotage a competitor to his own AI company, xAI, which he launched in 2023.
Musk is asking the court to unwind the 2025 restructuring that converted OpenAI’s for-profit subsidiary into a public benefit corporation and to remove Altman and Brockman from their roles. He is also seeking as much as $134 billion in damages from OpenAI and Microsoft, to be awarded to OpenAI’s nonprofit.
The jury will begin deliberating on Monday and deliver an advisory verdict as soon as next week. The jury verdict is not binding on the judge, who will decide the case.
If the judge rules in Musk’s favor, it could upend OpenAI’s race toward an IPO at a valuation approaching $1 trillion. Meanwhile, xAI is expected to go public as a part of Musk’s rocket company SpaceX as early as June, at a target valuation of $1.75 trillion.
Musk the power-seeker, Altman the liar.
In the first week of the trial, Musk said he was suing to save OpenAI’s mission to build AI safely for the benefit of humanity. This week, Altman denied Musk was a paladin of AI safety and painted him as a power-seeker who wanted to control OpenAI.
Altman told the jury that in 2017, when Musk and other cofounders were discussing creating a for-profit arm, they asked Musk what would happen to his control over such an entity if he died. “Maybe the control of OpenAI should pass to my children,” Musk said, according to Altman.