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Musk and OpenAI Lawyers Present Closing Arguments in AI Trial
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Musk and OpenAI Lawyers Present Closing Arguments in AI Trial

Closing arguments concluded in the lawsuit between Elon Musk and OpenAI that could reshape AI industry governance.

cueball EditorialSunday, 17 May 2026 4 min read

Musk and OpenAI Lawyers Present Closing Arguments in AI Trial

Lawyers for Elon Musk and OpenAI presented closing arguments in a civil trial that centers on whether OpenAI violated its founding obligations as a nonprofit, a case with potential implications for how artificial intelligence companies are structured and held accountable. The arguments mark the final phase of courtroom proceedings before a judge issues a ruling.

What Happened

Attorneys for both sides delivered their closing statements in the lawsuit brought by Musk against OpenAI and its leadership. Musk, a co-founder of OpenAI who departed its board in 2018, has alleged that the company abandoned its original nonprofit mission by pursuing a for-profit restructuring and a close commercial partnership with Microsoft. OpenAI has disputed those claims.

The trial, held in a U.S. federal court, reached the closing argument stage following weeks of proceedings that included witness testimony and the presentation of documentary evidence. A date for the judge's ruling has not been publicly announced.

Background

OpenAI was founded in 2015 as a nonprofit research laboratory with a stated mission of ensuring that artificial general intelligence benefits humanity broadly. Musk was among its original backers and board members before stepping down. He has since founded a competing AI company, xAI, which develops the Grok large language model.

OpenAI began accepting outside investment and established a capped-profit subsidiary structure in 2019, allowing it to raise capital from investors including Microsoft, which has committed more than $13 billion to the company. OpenAI is currently pursuing a broader corporate restructuring that would convert its capped-profit arm into a conventional for-profit public benefit corporation, a move that has drawn scrutiny from attorneys general in California and Delaware.

Musk filed the lawsuit in 2024, alleging breach of contract and fiduciary duty. His legal team has argued that the company's commercial direction represents a departure from the terms under which early donors and co-founders, including Musk, contributed time and resources. OpenAI has maintained that its structure and evolution are consistent with its mission and that Musk's suit is without legal merit.

Key Arguments

Musk's attorneys argued in closing that OpenAI's agreements with its founders constituted enforceable commitments to operate as a nonprofit for the public benefit, and that the shift toward a for-profit model violated those commitments. They contended that the Microsoft partnership, which gives the technology company preferential access to OpenAI's models, further demonstrates a departure from the public interest mission.

OpenAI's legal team countered that no binding contract was formed by the founding documents or early representations, and that the company's leadership made decisions in good faith to secure the resources necessary to pursue large-scale AI research. OpenAI has also argued that Musk's claims are motivated in part by competitive interests given his ownership of a rival AI firm.

What It Means in Practice

The case is one of the first major legal challenges to the governance structure of a leading AI laboratory. A ruling in Musk's favor could impose constraints on OpenAI's restructuring plans or require the company to demonstrate adherence to its nonprofit obligations. A ruling for OpenAI could affirm the legal validity of its current and planned corporate structure.

The outcome may also set a precedent for how courts interpret founding documents and donor agreements at other technology organizations that have evolved from nonprofit or mission-driven origins into commercially oriented entities.

Separately, OpenAI's proposed for-profit conversion remains subject to review by state regulators in California and Delaware, with those proceedings continuing on a separate track from the Musk litigation.

The presiding judge is expected to issue a ruling at a date that has not yet been disclosed by the court.

Get our editors' take on what it all means. Read the Editor's Blog →