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Elon Musk took too long to sue OpenAI, jury unanimously agrees

Ars Technica AI · Ashley Belanger · 2026-05-18

A nine-person jury unanimously ruled that Elon Musk's lawsuit against OpenAI, Sam Altman, and Greg Brockman was filed too late, finding no liability after determining Musk knew of OpenAI's for-profit restructuring as early as 2021.

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Extraction

Topics: openai-legalnonprofit-governancestatute-of-limitationsai-corporate-structure

Claims

  • Musk sued OpenAI in 2024 claiming it betrayed its nonprofit mission after he donated $38 million to help found it.
  • The jury found Musk was aware of OpenAI's for-profit restructuring plans as early as 2021, meaning he missed the three-year statute of limitations.
  • Altman, Brockman, and Microsoft were all found not liable for any claims Musk brought.

Key quotes

Musk sued OpenAI in 2024 for making a 'fool' out of him after Musk donated $38 million to kick-start OpenAI as a nonprofit, only to later be blindsided when OpenAI created a for-profit arm.
The jury found that Musk was aware of OpenAI's restructuring plans as early as 2021 and therefore missed the statute of limitations requiring him to bring the lawsuit within three years.