Attorneys for Elon Musk wrapped up their case against OpenAI on Thursday, asserting in closing arguments that they've proven the AI giant misused the millions of dollars Musk donated and violated their duty to uphold OpenAI's founding ethos.
The other side: OpenAI lawyers countered that Musk's $38 million donations in the early days of OpenAI didn't have specific strings attached and that the organization has continued to pursue its mission, albeit with various changes in structure.
- OpenAI and Microsoft are also claiming that the lawsuit was filed too late and that Musk's own misconduct should prevent him from prevailing.
Why it matters: Musk wants CEO Sam Altman ousted as CEO and removed from OpenAI's board, as well as billions of dollars in damages, though he says he would donate any winnings back to OpenAI's nonprofit arm.
Driving the news: In his closing argument, lawyer Steven Molo argued that OpenAI violated its nonprofit mission to pursue safe, powerful AI for the world — and that its executives instead sought to reap personal gain through stock grants and self-dealing with entities in which they had financial stakes.
- Molo put particular emphasis on Altman's trustworthiness, saying his claims of honesty were undercut by testimony from former colleagues Ilya Sutskever and Mira Murati as well as ex-board members Helen Toner and Tasha McCauley.
Catch up quick: in 2024, Musk sued OpenAI, Altman, and President Greg Brockman, alleging OpenAI and its founders breached their duties to the charitable mission. Later that year Musk added Microsoft to the suit, saying it aided and abetted OpenAI's breach of its obligations.
- In a trial that began last month, jurors have heard from some of the biggest names in AI, including Musk, Altman, OpenAI board chair Bret Taylor and Microsoft CEO Satya Nadella, as well as a host of other former OpenAI employees and board members.
The intrigue: This case is proceeding differently than many others. The jury's verdict is only advisory and the judge can decide to overrule it.
- Also, if the ultimate ruling is against OpenAI and/or Microsoft, there will be a separate portion of the trial to decide damages.
What we're watching: The jury is set to begin deliberating later Thursday, once both sides complete their closing arguments and the judge gives her final instructions.
