English – The Conversation | Elon Musk sued OpenAI and lost. But the core question of the case remains unanswered by Alexandra Andhov, Chair in Law and Technology, University of Auckland, Waipapa Taumata Rau
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A nine‑member federal jury in Oakland dismissed Elon Musk’s lawsuit against OpenAI and its chief executive Sam Altman on procedural grounds, ruling that Musk’s claims were barred by the statute of limitations, but it did not decide the substantive issue of whether OpenAI has strayed from its original nonprofit, humanity‑first mission. Founded in 2015 as a nonprofit with a $1 billion pledge from Musk and other entrepreneurs to develop safe, open‑source artificial general intelligence, OpenAI later created a capped‑profit subsidiary, accepted billions from Microsoft, and shifted its flagship models (GPT‑2, GPT‑3, ChatGPT) toward commercial, closed‑source deployments. In 2025 the organization reorganised: the nonprofit became the OpenAI Foundation (holding a 26 % stake and limited governance rights) and the for‑profit arm became a public‑benefit corporation (OpenAI Group PBC) with Microsoft owning 27 % and the rest held by investors and employees, effectively turning it into a profit‑seeking enterprise preparing for a 2026 IPO valued up to $1 trillion. While the jury’s verdict clears Musk to appeal, the central question—whether OpenAI remains a nonprofit devoted to humanity or a shareholder‑driven corporation—remains unresolved, leaving the public to judge the company’s true purpose.
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https://theconversation.com/elon-musk-sued-openai-and-lost-but-the-core-question-of-the-case-remains-unanswered-283256
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