Elon Musk has issued an “open warning” to OpenAI CEO Sam Altman, expressing eagerness to commence a trial that he believes will reveal significant details regarding his ongoing lawsuit against the artificial intelligence company. Musk, a co-founder of OpenAI, took to microblogging site X (formerly known as Twitter) to state that he “can’t wait to start the trial,” alluding to what he describes as “mind-blowing” discoveries expected from the trial’s discovery phase. His comments came in response to an X post suggesting a 57% chance of success in his lawsuit against OpenAI. The post also highlighted recent court documents indicating that OpenAI’s president admitted to intentions of transforming the organization into a for-profit entity.
Musk’s legal action against OpenAI and Altman alleges that the company has deviated from its original non-profit mission, which Musk argues constitutes fraud. His lawsuit claims that the tech company has misappropriated its foundational goals in favor of profit-driven objectives, thus undermining its initial purpose. Musk’s legal team is seeking damages totaling up to $134 billion from both OpenAI and Microsoft, which has a significant stake in the company.
In a counter-response, Altman defended his position, asserting that Musk is selectively presenting facts to misrepresent discussions held during calls. In a series of posts on X, Altman shared notes that he claims refute Musk’s assertions, stating, “Elon is cherry-picking things to make Greg look bad.” Altman indicated that the full context reveals Musk’s push for a new operational structure within OpenAI, with discussions involving the organization’s leadership, including Greg Brockman and Ilya Sutskever.
Altman further recounted an instance where Musk mentioned a vision of establishing a self-sustaining city on Mars, asserting that Musk sought majority equity and control over the company. Altman remarked on Musk’s past experiences, suggesting that Musk’s desire for control stemmed from previous situations in which he felt disadvantaged. “I appreciate people saying what they want and think it enables people to resolve things (or not),” Altman noted, emphasizing the importance of context in these discussions.
The backdrop to this legal dispute intensifies as Musk’s legal team has formally requested $134 billion in damages, a figure that reflects both perceived financial losses and gains that Musk alleges OpenAI and Microsoft have wrongfully accrued. This request was filed on January 16, 2026, the day following a federal judge’s dismissal of a final bid by both companies to evade a jury trial scheduled for late April in Oakland, California. The lawsuit underscores significant tensions within the AI sector, particularly regarding the alignment of ethical principles with profit motives.
Musk’s lawyer, Steven Molo, articulated in the filing that “the wrongful gains that OpenAI and Microsoft have earned – and which Mr. Musk is now entitled to disgorge – are much larger than Mr. Musk’s initial contributions.” This highlights a growing concern among investors and stakeholders regarding accountability in rapidly evolving technology sectors like artificial intelligence.
The upcoming trial is expected to draw considerable attention not only for its potential implications for OpenAI and Musk but also for the broader technology landscape. As the court proceedings approach, they may shed light on critical questions surrounding corporate governance and ethical responsibilities in the AI industry. With Musk and Altman at the forefront of this legal battle, the outcome could have lasting repercussions for operational frameworks within innovative tech enterprises.
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