OpenAI and Microsoft attempted to avoid a courtroom confrontation with Elon Musk, but a federal judge rejected their efforts. As reported earlier by Bloomberg, the judge denied their requests to dismiss the case and scheduled a jury trial for late April. This means the parties will officially face off in an Oakland courtroom, with Microsoft also involved in the legal proceedings.
The backstory resembles a tech industry drama. Elon Musk and Sam Altman co-founded OpenAI in 2015 as a nonprofit organization with ambitious charitable aims. However, that cooperative spirit did not endure. Musk departed and later started his own AI company, xAI, in 2023. He now alleges his former partners betrayed their original mission by accepting billions from Microsoft and restructuring as a for-profit entity.
The relationships have soured extensively. While OpenAI and Microsoft remain business partners, they now compete directly in the field of AI. Simultaneously, Musk and Altman have transformed from collaborators into adversaries. OpenAI has dismissed Musk’s lawsuit as baseless harassment and an attempt to hinder its progress.
The judge determined there is sufficient evidence for a jury to decide whether OpenAI violated its nonprofit commitments. A jury will also now rule on whether Microsoft knowingly assisted OpenAI in breaking its promises, though the judge did dismiss Musk’s claim that Microsoft unjustly enriched itself at his expense.

