马斯克vs奥特曼，AI史上第一大案已开庭

Original by Odaily Planet Daily (@OdailyChina)

Author｜Azuma (@azuma_eth)

The biggest lawsuit of the AI era has officially gone to trial.

On April 27, the case of "world's richest man" Elon Musk against "the world's top AI giant" OpenAI officially entered the trial phase in the U.S. District Court for the Northern District of California. Jury selection began the same day, with opening statements expected to start today, presided over by Judge Yvonne Gonzalez Rogers. The trial is expected to last four weeks.

A Look Back at the Feud

The conflict between Musk and OpenAI runs deep.

In 2015, Musk co-founded OpenAI with Sam Altman and others, both driven by the same idealism—to build a "non-profit, open-source" AI organization to counter the AI monopoly of giants like Google. In the early days, Musk was even one of OpenAI's largest donors and played a key role on its board.

However, idealism soon hit a harsh reality. In its early years, OpenAI's AI development consistently lagged behind Google's DeepMind. Under the dual pressure of funding shortages and lack of progress, Musk grew increasingly dissatisfied with the Altman-led OpenAI leadership. He even proposed merging OpenAI into Tesla, with himself as CEO to gain deeper control.

The leadership naturally refused. The result was Musk being ousted from OpenAI's board in 2018, effectively ending their partnership.

Then, in March 2019, OpenAI officially abandoned its non-profit path and transitioned into a "capped-profit company." That same year, it accepted a $1 billion investment from Microsoft, accelerating its commercial trajectory.

2022 was another pivotal moment. That year, OpenAI released ChatGPT, stunning the world and launching the LLM explosion. Perhaps out of his former idealism, or simply because he couldn't stand his ex's success, Musk was extremely furious (as the media termed it at the time).

Afterward, Musk vehemently attacked OpenAI on social media for abandoning its open-source, non-profit principles, claiming it was no longer "OPEN" and was entirely controlled by Microsoft (notably, OpenAI recently announced the termination of Microsoft's exclusive rights)... At the same time, he founded xAI to compete head-on with OpenAI.

On the other side, OpenAI argues that Musk is simply "sour grapes." OpenAI claims that even while on the board, Musk had expressed support for commercialization (backed by historical emails), only to criticize it after his departure—that his claims of betrayed ideals are merely excuses for losing control.

Day in Court

With tensions mounting, Musk filed a lawsuit against OpenAI and its co-founders Altman and Greg Brockman in 2024.

First, in March 2024, Musk sued in California state court—alleging OpenAI violated its founding agreement by shifting from non-profit to for-profit, essentially becoming a "closed-source subsidiary" of Microsoft. He demanded OpenAI return to its non-profit, open-source mission and block Microsoft from profiting. This case was quickly withdrawn, appearing to be a probing move.

In October 2024, Musk refiled the lawsuit in the Northern District of California, this time naming Microsoft as a defendant and escalating his claims—alleging fraud and misrepresentation (later dropped), unjust enrichment, breach of charitable trust, and conspiring to convert non-profit assets for profit. He sought to block OpenAI's full transition to a for-profit entity, restore its non-profit structure, disgorge illegal profits, seek $134–$150 billion in damages, and remove Altman and Brockman.

In April 2025, OpenAI countersued Musk for harassment and malicious interference, claiming he intentionally slowed OpenAI's development for personal gain, launching a two-way legal battle.

Then, in September 2025, Musk's xAI sued OpenAI again, alleging theft of trade secrets, partly because OpenAI hired former xAI employees to obtain confidential information. The next day, Musk posted on X: "We sent them many warning letters, but they kept cheating. After exhausting all other options, a lawsuit was the only choice."

Yesterday, this long-running drama finally entered the courtroom. With the trial phase beginning, more details are expected to emerge over the next four weeks. While appeals are still possible, the process will certainly bring clarity to the case.

Heated Exchanges

As the trial commenced, Musk and OpenAI also engaged in heated exchanges on social media.

Last night, Musk posted or retweeted dozens of messages, even launching personal attacks, calling Altman a "Scam Altman" and Greg a "Greg Stockman."

"Thief Greg gave himself tens of billions in equity, and fraudster Altman also carved out a piece for himself through a bunch of OpenAI-related transactions reminiscent of Y Combinator (after this lawsuit, he'll directly get another tens of billions in equity)… I could have made OpenAI a for-profit company from the start, but I didn't. I founded it, funded it, recruited key talent, and taught them everything I know about building a successful startup—all for the public good. Then they stole this charity."

On OpenAI's side, while Altman and Greg have not commented, OpenAI responded through official channels: "We can't wait to present our case in court, because the truth and the law are on our side. This lawsuit has been baseless and jealous from the start, intended to hinder a competitor. We will eventually have the opportunity to question Musk under oath, before a California jury, about his attempts to sabotage our work to ensure AGI benefits all of humanity."

Situation Outlook

Over the next four weeks of trial, key figures including Musk, Altman, Greg, and Nadella (Microsoft CEO) are expected to testify.

According to various media reports, witnesses like former OpenAI board member Shivon Zilis (also the mother of Musk's four children), and physical evidence such as Greg's private diary (recording internal strategic thoughts, already submitted as evidence), could become pivotal factors influencing the case's direction.

As for Judge Yvonne Gonzalez Rogers, appointed by former President Obama, she is known for her pragmatic style and has handled numerous major disputes between tech companies. In this case, Judge Rogers has significant discretion to decide whether and what remedies to impose. She has divided the trial into two phases: Phase One determines whether Altman and OpenAI are liable for misconduct; Phase Two, if necessary, determines the remedy.

With the trial underway, prediction markets like Kalshi and Polymarket have listed relevant events. Currently, the odds are nearly even (Musk's win probability stands at 48%), awaiting further updates.

Looking ahead, this "biggest AI lawsuit" will not only adjudicate the historical grievances between Musk and Altman but also directly or indirectly impact the subsequent IPO processes of OpenAI and SpaceX, two trillion-dollar valuation companies.

This is the largest non-technical variable in the current AI competition landscape, potentially reshaping the power dynamics of the future AI world.