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Tech Consumer Journal > News > Elon Musk Loses OpenAI Trial in Dumbest Way Imaginable
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Elon Musk Loses OpenAI Trial in Dumbest Way Imaginable

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Last updated: May 19, 2026 10:46 am
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After a grueling three-week trial that dragged some of the biggest names in the tech industry onto the witness stand to testify, made private correspondence and diaries public, and placed the details of private lives under scrutiny, the jury in Elon Musk’s case against OpenAI over its decision to become a for-profit entity came to a decision: it is barred by the statute of limitations and no decision on the legitimacy of the claims will be provided.

On the matters of Musk’s claim that OpenAI CEO Sam Altman and President Greg Brockman were in “Breach of Charitable Trust” and charge that Microsoft was “Aiding and Abetting Breach of Charitable Trust,” the jury ruled that the case couldn’t move forward because the statute of limitations had expired, per The New York Times. The jury found that Musk had three years to pursue these claims and failed to do so in that timeframe. Two additional charges were dismissed by Judge Yvonne Gonzalez Rogers based on the statute-of-limitations finding.

Musk had claimed that OpenAI lied to him about its intentions to operate as a non-profit organization that was dedicated to developing AI “for the benefit of humanity” rather than personal enrichment. By changing to a for-profit model, Musk claimed the company was in breach of its promises and was asking OpenAI and Microsoft to forfeit more than $130 billion in what he called “ill-gotten gains.” Now, the companies won’t give up a dime if the results hold (other than lawyer fees).

William Savitt, the lead lawyer representing OpenAI, told reporters outside the courtroom that he was “delighted” by the outcome of the case and how quickly the jury reached its verdict. “I can’t say whether Mr. Musk will appeal, but we are very, very confident in our case,” Savitt said, per NYT. Musk’s own legal team offered some clarity on that end. Marc Toberoff, representing Musk, reportedly offered a one-word statement outside of the courtroom, according to Wired’s Max Zeff: “Appeal.”

While Altman, Brockman, and Musk all took the stand during the trial, none were in the courtroom for the verdict, per the New York Times. Musk previously left the trial against the judge’s instructions to travel with Donald Trump to China. Musk, who tweets all the time and has posted dozens of times already today, has yet to comment on the verdict at the time of publication.

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