Elon Musk
South African-born entrepreneur, CEO of Tesla and SpaceX and owner of X, who co-founded OpenAI in 2015, left its board in 2018, and sued the company and Sam Altman in 2024 in a case a jury dismissed in May 2026.
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- Country
- United States
- Born
- Elon Reeve Musk, June 28, 1971, Pretoria, South Africa
- Education
- University of Pennsylvania (physics and economics, graduated 1997); left a Stanford physics PhD program after two days
- Known for
- CEO of Tesla; founder and CEO of SpaceX; owner of X (formerly Twitter)
- OpenAI role
- Co-founder (December 2015); resigned from the board in February 2018
Overview
Elon Reeve Musk was born June 28, 1971, in Pretoria, South Africa, and left the country in 1988 before earning degrees in physics and economics from the University of Pennsylvania in 1997; he briefly enrolled in a Stanford physics PhD program but left after two days (Britannica). He is best known as chief executive of the electric vehicle maker Tesla, which he joined as a major investor and became CEO of in 2004; as founder and CEO of the rocket company SpaceX, which he started in 2002; and as owner of the social media platform X, which he acquired as Twitter in October 2022 and rebranded in July 2023 (Britannica). This profile does not independently research those companies or Musk’s other ventures in depth; it focuses on his documented relationship with OpenAI, the artificial intelligence company he co-founded and later sued.
Co-founding OpenAI (2015)
In December 2015, Musk joined a group of Silicon Valley figures — including Sam Altman, Peter Thiel, Jessica Livingston, and Reid Hoffman — in launching OpenAI as a nonprofit artificial intelligence research lab, with the group pledging $1 billion toward the project (CNN Money). Musk and Altman served as co-chairs of the new organization (Forbes). OpenAI’s stated mission was to advance AI safely and make its research broadly available rather than let the technology be developed and controlled by a single company; Musk, who had previously voiced concern about AI’s trajectory, said he wanted AI to function as “an extension of individual human wills” rather than a concentration of power in few hands (Forbes; CNN Money).
Departure from OpenAI’s board (2018)
Musk resigned from OpenAI’s board in late February 2018. OpenAI’s public statement at the time said the move was meant “to eliminate a potential future conflict” as Tesla’s own work increasingly focused on AI, and that Musk would continue to advise and donate to the nonprofit (CNBC).
Accounts of what actually drove the departure differ. OpenAI’s own later public statement — published in 2024 in response to Musk’s lawsuit — says Musk instead sought majority equity, initial board control, and the CEO role for himself in early 2018, and had proposed merging OpenAI into Tesla, forwarding an internal email arguing OpenAI should “attach to Tesla as its cash cow.” The same OpenAI statement says that when this was rejected, Musk told the team their “probability of success was 0,” that he intended to pursue AGI within Tesla instead, and that OpenAI had received less than $45 million in funding from Musk against more than $90 million from other early donors (OpenAI). Because this account comes from OpenAI itself, published after it had already been sued by Musk, it is presented here as OpenAI’s characterization rather than adopted as settled fact.
Independent reporting from before the lawsuit gives a broadly similar picture of internal conflict. Semafor reported in March 2023 that the publicly cited “conflict of interest” explanation was met with skepticism inside OpenAI at the time, that Musk had sought to take control of the organization after concluding by early 2018 that it had fallen behind Google, that co-founder Greg Brockman and others opposed the takeover attempt, and that Musk subsequently withheld donations he had previously planned to make (Semafor).
The lawsuit against OpenAI, Altman, and Microsoft
Filing and refiling
Musk first sued OpenAI and Sam Altman in San Francisco Superior Court in February 2024, alleging the company had abandoned its founding nonprofit mission and become what the complaint called a “closed-source de facto subsidiary” of Microsoft, oriented toward “maximizing profits for Microsoft” rather than developing artificial general intelligence for humanity’s benefit; the suit sought to compel OpenAI back toward its original mission (NBC News). On June 11, 2024, Musk’s attorneys withdrew that suit without prejudice and without stating a reason, shortly before a judge was due to rule on OpenAI’s motion to dismiss it (Malay Mail).
In August 2024, Musk refiled in U.S. federal court in the Northern District of California, adding new claims including allegations of racketeering violations; his attorney Marc Toberoff called the new complaint “much stronger than the previous one.” PhoneArena’s report on that filing states it also named Greg Brockman as a defendant, but TechCrunch’s independent account of the subsequent November 2024 amended complaint lists its defendants as OpenAI, Microsoft, Reid Hoffman, Dee Templeton, and California Attorney General Rob Bonta, without including Brockman — this profile does not resolve that discrepancy (see “What this profile does not claim”) (PhoneArena; TechCrunch). Brockman himself testified as a witness at the eventual trial. Microsoft was a defendant in the case by the time it reached summary judgment and trial, though sources read for this profile do not agree on exactly when Microsoft was added.
Pretrial rulings and trial
The case proceeded in federal court as Musk v. Altman, No. 4:24-cv-4722-YGR, before Judge Yvonne Gonzalez Rogers. On January 15, 2026, the court denied OpenAI’s motion for summary judgment on claims of breach of charitable trust, constructive fraud, fraud, and unjust enrichment, and denied in part Microsoft’s motion as well, sending those claims to trial (U.S. District Court for the Northern District of California, via FindLaw).
A roughly three-week jury trial began in federal court in Oakland, California in April 2026. Witnesses included Musk, Altman, Brockman, Microsoft chief executive Satya Nadella, and former OpenAI board members Helen Toner and Tasha McCauley (PBS NewsHour). Former OpenAI chief scientist Ilya Sutskever also testified, on May 11, 2026, disclosing an OpenAI equity stake he valued at about $7 billion and describing his own role in the November 2023 board vote to remove Altman (Associated Press via WTVB). At trial, Musk pursued claims of breach of charitable trust and unjust enrichment against OpenAI and Altman, alleging Altman and Brockman had abandoned a shared commitment to keep OpenAI a nonprofit, while alleging Microsoft had aided and abetted that breach; Musk sought up to $150 billion in compensatory and punitive damages, along with the removal of Altman and Brockman from OpenAI’s leadership (Courthouse News Service; Forbes).
The May 18, 2026 verdict
On May 18, 2026, a nine-member jury unanimously dismissed all of Musk’s claims against OpenAI, Altman, and Microsoft after deliberating for less than two hours. The jury found that Musk had waited too long to sue: California’s statute of limitations for breach of charitable trust runs three to four years, and the jury concluded Musk knew of the actions he complained of well before that window — measured from his 2018 board departure and a final financial contribution in 2020 — yet did not file suit until 2024 (Courthouse News Service; NPR). The jury’s finding was on timeliness only; it did not rule on whether a breach of OpenAI’s founding agreement had actually occurred. Judge Gonzalez Rogers accepted the verdict and dismissed the case, saying, “I’ve always said I would accept the jury’s verdict. I think there’s a substantial amount of evidence to support the jury’s finding” (NPR).
Musk’s attorney Marc Toberoff said afterward that the response was “appeal,” and, at a press conference, that the broader fight “is not over” (NPR; Forbes). A separate attorney on the case, Steven Molo, was quoted the same day saying he “reserves the right to appeal,” specifically contesting the statute-of-limitations finding (Courthouse News Service).
What this profile does not claim
This profile does not adjudicate whether Musk’s allegations against OpenAI, Altman, and Brockman were true — the jury ruled only that the claims were filed too late, and expressly did not decide whether a breach of OpenAI’s founding agreement occurred. It does not adopt OpenAI’s own account of why Musk left the board in 2018 as established fact; that account is presented as OpenAI’s characterization, made after Musk sued the company, and is distinguished from the independent (though partially corroborating) reporting available from before the lawsuit. It does not state exactly when Microsoft was added as a defendant to the federal case, since the sources read here disagree on whether it was named in the original August 2024 federal complaint. It does not assert that Greg Brockman was formally a named defendant, since sources conflict on that point; it does state that he is documented as a trial witness. It does not confirm whether Musk’s stated intent to appeal the May 2026 verdict was ever converted into an actual notice of appeal, or that case’s status as of this profile’s last update. It does not cover Musk’s biography, other companies, wealth, or personal life beyond the brief overview needed for context, and it does not link to any profile of OpenAI’s 2026 Navier–Stokes claim, since no source read here shows a direct connection between Musk and that dispute.
Timeline
- 1971-06-28
- Born in Pretoria, South Africa.
- 1997
- Graduates from the University of Pennsylvania with degrees in physics and economics, having left South Africa in 1988.
- 2002
- Founds SpaceX.
- 2004
- Becomes a major investor in and CEO of Tesla Motors.
- 2015-12-11
- Co-founds OpenAI as a nonprofit AI research lab alongside Sam Altman and others, part of a group pledging $1 billion in funding.
- 2018-02
- Resigns from OpenAI's board; OpenAI states this is to "eliminate a potential future conflict" as Tesla's AI work grows, while Musk says he will continue to donate and advise.
- 2022-10
- Acquires Twitter, later rebranding it as X in July 2023.
- 2024-02
- Files a lawsuit against OpenAI and Sam Altman in San Francisco Superior Court alleging breach of OpenAI's founding nonprofit mission.
- 2024-06-11
- Withdraws the state-court lawsuit without prejudice and without stated reason, shortly before a judge was due to rule on OpenAI's motion to dismiss it.
- 2024-08
- Refiles suit in U.S. federal court in the Northern District of California, adding Greg Brockman as a defendant and new claims including alleged racketeering violations.
- 2026-01-15
- In case no. 4:24-cv-4722-YGR, the presiding judge denies OpenAI's motion for summary judgment on breach of charitable trust, constructive fraud, fraud, and unjust enrichment claims, and denies in part Microsoft's motion, sending the case to trial.
- 2026-04
- A roughly three-week jury trial begins in federal court in Oakland, California, with testimony from Musk, Altman, Brockman, Microsoft CEO Satya Nadella, and former OpenAI board members Helen Toner and Tasha McCauley.
- 2026-05-18
- A nine-member jury unanimously dismisses all of Musk's claims against OpenAI, Altman, and Microsoft, finding them barred by the statute of limitations; Musk's attorney Marc Toberoff says he will appeal.
What we could not verify
These claims came up in research and could not be confirmed. They are recorded here rather than published as fact or quietly dropped. If you hold a source that settles one, please tell us.
- OpenAI's own account of Musk's 2018 departure (that he sought majority equity, board control and the CEO role, and proposed merging OpenAI into Tesla) comes from OpenAI itself, published after Musk sued the company — a first-party source from a party with an obvious interest in the dispute. Semafor's independent, pre-lawsuit reporting corroborates the broad shape of an internal power struggle and employee skepticism of the "conflict of interest" explanation, but this profile does not treat OpenAI's specific figures or characterizations as independently verified fact.
- Whether Greg Brockman was ever formally a named defendant is unresolved: PhoneArena's account of the August 2024 federal refiling says he was added as one, but TechCrunch's independent report on the subsequent November 2024 amended complaint lists its defendants (OpenAI, Microsoft, Reid Hoffman, Dee Templeton, and California Attorney General Rob Bonta) without him. He is documented as a trial witness regardless of his formal defendant status. This profile does not assert he was a defendant as settled fact.
- Sources disagree on exactly which claims and defendants were present at each procedural stage: PhoneArena reports Microsoft was not a named defendant in the August 2024 federal refiling, while the January 2026 court record and later verdict coverage list Microsoft as a defendant facing its own claims. No source read for this profile pins down exactly when Microsoft was added, so this profile states only that it was a defendant by the time of the summary judgment ruling and trial.
- Two different attorneys are quoted announcing an appeal — Marc Toberoff (NPR, Forbes) and Steven Molo (Courthouse News) — consistent with Musk having a multi-attorney legal team rather than a contradiction, but no single source read for this profile lists the full defense team.
- Musk's attorneys said immediately after the May 18, 2026 verdict that they intended to appeal. No source read for this profile, including one published about a month after the verdict, confirms that a notice of appeal was actually filed, or the status of any appeal as of this profile's last update.
- This profile does not cover Musk's ventures outside the OpenAI relationship (Tesla, SpaceX, X, Neuralink, The Boring Company, xAI, political activities, wealth figures, or personal life) beyond the brief overview needed for context; none of that is independently researched here to the depth this method requires.
- No direct, sourced connection was found between Musk and OpenAI's 2026 Navier–Stokes Millennium Prize claim or the credit dispute that followed it, so no link to that event's profile is made here.
Sources
16 sources (11 tier 1, 3 tier 2, 1 tier 3, 1 first-party), each opened and read against the claim it supports. Statements the subject makes about itself are marked as such and are not treated as independent evidence. See the source policy.
This profile gives brief, sourced context on Musk's broader career and focuses in depth on his documented relationship with OpenAI: its 2015 founding, his 2018 board departure, and the 2024–2026 lawsuit against OpenAI, Sam Altman, and Microsoft. One section (his 2018 departure) draws partly on OpenAI's own public statement about the dispute, a first-party source from a party to the underlying litigation; that account is presented as OpenAI's characterization and is checked against independent reporting rather than treated as settled fact. The lawsuit and its verdict are reported neutrally: what Musk alleged, what OpenAI and Altman said in response, and what the jury and judge actually decided, without this profile adjudicating who was correct on the merits.
- Elon Musk | SpaceX, Tesla, xAI, X, & PayPal Supports: Birth date and place (June 28, 1971, Pretoria, South Africa), leaving South Africa in 1988, education at the University of Pennsylvania and brief Stanford enrollment, his roles at Tesla and SpaceX, the Twitter/X acquisition, and a summary statement that he co-founded OpenAI in 2015, left in 2018 citing a Tesla conflict of interest, sued OpenAI in 2024, and lost in a federal court ruling in spring 2026.
- Elon Musk and tech heavies invest $1 billion in artificial intelligence Supports: OpenAI's December 2015 founding, its backers (Musk, Peter Thiel, Sam Altman, Jessica Livingston, Reid Hoffman), the $1 billion pledge, and the stated mission of developing AI safely and making research widely available for humanity's benefit.
- Elon Musk, Silicon Valley Elite Launch 'Open' Artificial Intelligence With $1 Billion Supports: Musk and Altman's roles as co-chairs at OpenAI's founding, Musk's stated aim that AI function as "an extension of individual human wills" rather than a concentrated power, and additional funding backers including Amazon Web Services and Infosys.
- Elon Musk is leaving the board of OpenAI Supports: OpenAI's own public statement that Musk's board departure was meant to "eliminate a potential future conflict" as Tesla became more focused on AI, and that Musk would continue to advise and donate to the nonprofit.
- Elon Musk sues OpenAI and CEO Sam Altman over contract breach Supports: The original February 2024 lawsuit's core allegation that OpenAI abandoned its founding mission and became a "de facto subsidiary" of Microsoft, and its stated aim to compel OpenAI back toward developing AGI "for the benefit of humanity."
- Musk's amended lawsuit against OpenAI names Microsoft as defendant Supports: The defendants listed in the November 14, 2024 amended federal complaint (OpenAI, Microsoft, Reid Hoffman, Dee Templeton, and California Attorney General Rob Bonta) — a list that does not include Greg Brockman, in tension with PhoneArena's account of the August 2024 filing.
- MUSK v. ALTMAN, Case No. 4:24-cv-4722-YGR (N.D. Cal.) Supports: The case's docket number and court, and its January 15, 2026 summary judgment order denying OpenAI's motion to dismiss the breach of charitable trust, constructive fraud, fraud, and unjust enrichment claims, and denying in part Microsoft's motion, sending those claims to trial.
- Jury dismisses all claims in Elon Musk's lawsuit against OpenAI CEO Sam Altman Supports: The May 18, 2026 verdict: a nine-member jury's unanimous, sub-two-hour dismissal of all claims on statute-of-limitations grounds; Judge Yvonne Gonzalez Rogers's comment that there was "a substantial amount of evidence to support the jury's finding"; and Marc Toberoff's one-word response, "appeal."
- Federal court rejects Elon Musk's claims against OpenAI, saying he filed his lawsuit too late Supports: The trial's location (federal court in Oakland, California), its roughly three-week length, testimony from Musk, Altman, Brockman, Microsoft CEO Satya Nadella, and former OpenAI board members Helen Toner and Tasha McCauley, and confirmation that as of publication no notice of appeal had been reported filed, only Musk's stated intent.
- Musk To Appeal OpenAI Verdict: Lawyer Says 'War' Is 'Not Over' Supports: Marc Toberoff's on-the-record quotes calling the fight "not over" and confirming an appeal was planned, and the $150 billion damages and removal-of-leadership relief Musk had originally sought.
- Former OpenAI executive Sutskever discloses nearly $7 billion stake in AI firm Supports: Ilya Sutskever's May 11, 2026 trial testimony disclosing an OpenAI equity stake he valued at about $7 billion and describing his role in the November 2023 board vote to remove Altman.
- The secret history of Elon Musk, Sam Altman, and OpenAI Supports: Independent reporting that Musk's publicly stated reason for leaving (a Tesla conflict of interest) was met with internal skepticism at OpenAI; that Musk had sought to take control of the organization after concluding it had fallen behind Google; that Greg Brockman and others opposed the move; and that Musk subsequently withheld previously planned donations.
- Elon Musk withdraws lawsuit against OpenAI Supports: The original suit having been filed in San Francisco Superior Court in February 2024; its withdrawal without prejudice and without stated reason on June 11, 2024, shortly before a scheduled court ruling on OpenAI's motion to dismiss.
- OpenAI not liable for breach of charitable trust in Musk-Altman feud Supports: Confirmation that the tried claims were breach of charitable trust and unjust enrichment (with Microsoft alleged to have aided and abetted the breach); that California's statute of limitations for breach of charitable trust runs three to four years, measured from Musk's 2018 departure and 2020 final contribution against a 2024 filing; the $150 billion compensatory-and-punitive damages figure Musk sought; and attorney Steven Molo's statement reserving the right to appeal.
- Round Two: Musk's new lawsuit against OpenAI and Sam Altman goes federal Supports: The August 2024 refiling in federal court, its claim that Greg Brockman was named as a defendant, new claims including alleged racketeering violations, and Marc Toberoff's characterization of the new complaint as "much stronger than the previous one." The Brockman defendant claim is flagged against a conflicting tier1 account (see TechCrunch below) rather than treated as settled.
- OpenAI and Elon Musk Supports: OpenAI's own account, published in response to Musk's lawsuit, that Musk sought majority equity, initial board control, and the CEO role in early 2018; that he proposed folding OpenAI into Tesla; that he told the team their odds of success were zero; and that OpenAI received less than $45 million in funding from Musk against more than $90 million from other early donors. Presented as OpenAI's own characterization, not adopted as fact, and checked against independent reporting below.
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