Elon Musk returns to witness stand in high-stakes OpenAI trial

Elon Musk is due to return to the witness stand on Wednesday as a closely watched federal trial over the future of OpenAI enters a critical new phase.

Musk, who sued OpenAI, chief executive Sam Altman and president Greg Brockman, alleges the ChatGPT maker abandoned its founding nonprofit mission to develop artificial intelligence for the benefit of humanity and instead transformed into a profit-driven corporate powerhouse.

Testifying before a nine-person jury in Oakland, California, on Tuesday, Musk sharply criticised OpenAI’s 2019 decision to create a for-profit arm, arguing the move undermined the charitable basis on which the company was founded.

“If we make it okay to loot a charity, the entire foundation of charitable giving in America will be destroyed,” Musk told jurors.

OpenAI has defended the restructuring, saying the for-profit entity was necessary to secure computing power and attract top scientific talent in an increasingly competitive AI race.

Lawyers for the company have argued that Musk’s lawsuit is motivated less by principle than by a desire to regain influence and strengthen his own competing AI venture, xAI.

Musk is expected to continue direct questioning by his attorney before facing cross-examination from OpenAI’s legal team later Wednesday.

Ahead of Tuesday’s proceedings, US District Judge Yvonne Gonzalez Rogers also warned Musk over recent posts on X in which he referred to Altman as “Scam Altman,” instructing both sides to limit inflammatory public commentary as the trial continues.

The case is expected to run for three weeks and could shape the governance future of one of the world’s most influential AI companies.