The trial between OpenAI co-founders Elon Musk and Sam Altman opened in a California courtroom on Tuesday, with Musk testifying that the case is fundamentally about protecting charitable trust.
"It's not okay to steal a charity," Musk said on the stand. "If it's okay to loot a charity, the entire foundation of charitable giving will be destroyed."
An OpenAI lawyer countered that the lawsuit is a competitive attack by Musk, who left the company after failing to gain control. "We're here because Mr Musk didn't get his way at OpenAI," said attorney William Savitt. "Because he's a competitor, Mr Musk will do anything to attack OpenAI."
Musk's lawyer, Steven Molo, urged the nine jurors to set aside personal opinions about the two billionaires. He argued that Musk was instrumental in creating OpenAI, donating $38 million to the non-profit. "Without Elon Musk, there would be no OpenAI. Pure and simple," Molo said.
The dispute centers on OpenAI's 2018 shift to a commercial arm, which Musk claims broke the original charitable mission. His lawyers are seeking billions in "wrongful gains" and want Altman ousted.
OpenAI alleges Musk tried to absorb the company into Tesla and left when refused. "When they refused to let OpenAI be absorbed, Mr Musk took his marbles and went home," Savitt said.
Judge Yvonne Gonzalez Rogers warned both parties against using social media to influence proceedings, after Musk referred to Altman as "Scam Altman" on X. She called for a "clean slate" and urged restraint. A verdict is expected by late May.