Elon Musk's Legal Battle Against OpenAI's Profit Shift Faces Uphill Challenge
February 5, 2025
OpenAI maintains that its restructuring is crucial for raising funds necessary to develop artificial general intelligence (AGI) that benefits humanity.
Musk argues that this shift contradicts OpenAI's original mission to develop AI for the benefit of humanity, claiming co-founder Sam Altman has prioritized personal profit over public interest.
The Federal Trade Commission has previously expressed concerns regarding Microsoft's $13 billion investment in OpenAI, suggesting it may harm competition in the AI market.
Musk is not alone in opposing OpenAI's restructuring; Meta Platforms has also requested intervention from California's attorney general to safeguard investors and consumers.
The dispute traces back to a 2017 power struggle at OpenAI, where Musk sought a leadership role but was opposed by other co-founders, leading to his eventual departure.
Concerns have been raised about potential conflicts of interest due to the presence of Microsoft executives on OpenAI's board, which Musk's attorney argues indicates 'serial self-dealing'.
However, U.S. District Judge Yvonne Gonzalez Rogers has expressed skepticism about Musk's request for an injunction, suggesting that his claim of 'irreparable harm' is a 'stretch'.
Musk's request for an injunction seeks to pause OpenAI's transition as it pursues up to $40 billion in funding from SoftBank Group Corp.
Elon Musk's lawsuit against OpenAI, which is set to be heard on February 6, 2025, aims to block the company's transition from a nonprofit to a for-profit entity.
Legal experts believe Musk faces significant challenges in halting OpenAI's transformation, especially given Microsoft's strong financial backing of the company.
Despite Musk's legal challenges, the prevailing expectation is that OpenAI will continue its for-profit shift, which poses no immediate threat to its operations.
If Musk's injunction request is denied, his own AI startup, xAI, valued at $50 billion, may struggle to compete effectively against OpenAI's financial advantages.
Summary based on 6 sources
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Sources

Reuters • Feb 5, 2025
Elon Musk and OpenAI head to court to spar over nonprofit conversion
Yahoo Finance • Feb 4, 2025
Musk, OpenAI set to clash in court over startup’s restructuring
Business Standard • Feb 5, 2025
Elon Musk faces long court battle over feud with OpenAI CEO Sam Altman