The world’s richest man says his fight against OpenAI and Sam Altman isn’t over.
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“Regarding the OpenAI case, the judge & jury never actually ruled on the merits of the case, just on a calendar technicality,” Elon Musk wrote on X, adding he would be appealing the decision to the Ninth Circuit Court of Appeals.
On Monday, a jury in Oakland, California, handed a major victory to OpenAI and its CEO, Sam Altman, by ruling that Musk waited too long to bring his lawsuit, which alleged that the Tesla CEO had been scammed out of his early investment in OpenAI when the nonprofit research lab pivoted into a partial for-profit company. US District Judge Yvonne Gonzalez Rogers, who oversaw the case, quickly accepted the unanimous verdict.
“There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity,” Musk wrote. “The only question is WHEN they did it!”
Regarding the OpenAI case, the judge & jury never actually ruled on the merits of the case, just on a calendar technicality.
There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity. The only question…
— Elon Musk (@elonmusk) May 18, 2026
Musk’s characterization of the statute of limitations as a “technicality” belies the fact that such time limits are a cornerstone of almost all American law. Few laws allow plaintiffs or the government an unlimited window to file suit or bring charges.
In a separate tweet, Musk also took a swipe at Gonzalez Rogers, though he did not identify her by name. He later deleted the tweet.
“This illustrates why the ruling by the terrible activist Oakland judge, who simply used the jury as a fig leaf, creates such a terrible precedent,” he wrote. “She just handed out a free license to loot charities if you can keep the looting quiet for a few years!”
OpenAI and Altman both faced the potential of substantial losses if the jury and judge found in Musk’s favor, including being on the hook for billions in damages, just as the leading AI firm is viewed as approaching a public offering. Musk also asked that Altman, once an ally, be removed as CEO.
In the trial, Altman’s and OpenAI’s lawyers showed jurors evidence they said proved that Musk knew and supported the company’s plans to raise capital by partnering with another major tech company, and that he at one point pushed for OpenAI to form a relationship with Tesla. Musk’s lawsuit, the lawyers argued, was a late attempt to hobble OpenAI after it had left xAI in the dust. Both Musk and Altman testified during the trial, with the Tesla CEO telling the jury that he didn’t read the “fine print” of an OpenAI term sheet detailing its plan to establish a for-profit entity.
A spokesperson for OpenAI did not immediately respond to Business Insider’s request for comment.
