Elon Musk criticises Oakland judge and jury after $150bn OpenAI trial loss

Musk’s lawsuit and the three-week trial it initiated could have disrupted that major stock launch

Elon Musk criticises Oakland judge and jury after $150bn OpenAI trial loss, accuses Sam Altman of 'charity theft'

"There is no doubt for those closely following the case that Altman & Brockman did indeed profit by misappropriating a charity," Elon Musk expressed on Monday, publicly reacting after losing his high-stakes lawsuit against his former OpenAI partners Sam Altman and Greg Brockman.

Amidst his frustration, the sometimes wealthiest man in the world declared: “The true question is WHEN they executed it!”

Just hours following a federal jury and judge refuted Musk’s 2024 lawsuit accusing breach of charitable duty and unjust enrichment against the OpenAI CEO and president (alongside Microsoft), the X owner took to his social media platform to lament the verdict.

Clearly frustrated by the nine-member jury and Oakland-based Judge Yvonne Gonzalez Rogers' emphasis on the statute of limitations thwarting his efforts to reclaim control of ChatGPT’s domain, remove Altman and Brockman, and more, Musk blamed others and reiterated his legal team’s intent to appeal.

“This highlights why the ruling by the biased activist Oakland judge, who merely used the jury as a cover, sets such a dangerous precedent,” Musk posted. “She has effectively granted a free pass to plunder charities if you can keep the theft under wraps for a few years!”

Seeing the statute of limitations as somehow unjust and sticking to his belief that rules shouldn’t apply to him, Musk followed up with: “Regarding the OpenAI case, the judge & jury didn’t actually decide on the substance of the case, just a timing technicality.”

"There is no doubt for the informed observer that Altman & Brockman indeed enriched themselves by exploiting a charity," he continued in a subsequent tweet, reiterating his main claim that Altman and his team acted unscrupulously when OpenAI introduced a for-profit segment in 2019. “The real question is WHEN they conducted their actions!”

Regarding the OpenAI case, the judge & jury didn’t actually decide on the substance of the case, just a timing technicality.

Established in 2015 by Musk (who invested $50 million before departing in 2018), Altman, and Brockman, OpenAI has been working towards an anticipated $1 trillion IPO that might set new Wall Street records.

Musk’s lawsuit and the three-week trial it initiated could have disrupted that major stock launch. Now, with the legal blocks removed, Altman has an advantage, and Musk is aware.

“I will be appealing with the Ninth Circuit, as creating a precedent for plundering charities is extremely damaging to charitable work in America,” Musk stated, aiming to bypass a predicted refusal for appeal from Gonzalez Rogers. “OpenAI was founded to serve the entire human race.”

Possibly, yet as the founder of his own AI enterprise and recent Trump China trip companion, Musk understands, it isn’t quite as simple anymore.

Musk should also realise that, despite his dislike for Altman and the potential earnings Altman is set to achieve in an increasingly crowded field — among them Anthropic, Perplexity AI, Google‘s initiatives, the numerous firms originating from China, and crucial OpenAI partner Microsoft — there are significant advantages and challenges on the horizon in the digital future for humanity.