Elon Musk seeks up to $134 billion from OpenAI and Microsoft

Elon Musk is pursuing damages of between $79 billion and $134 billion from OpenAI and Microsoft in an ongoing lawsuit. The claim stems from Musk's early contributions to OpenAI and allegations that the company abandoned its non-profit roots. A financial expert's analysis forms the basis of the payout demand.

The dispute between Elon Musk and OpenAI has escalated with a recent court filing that quantifies the stakes. According to the document, Musk is entitled to a share of OpenAI's purported $500 billion valuation due to his foundational role in the company. Musk provided approximately $38 million in seed funding, accounting for about 60 percent of the non-profit's initial capital. In addition, he assisted with recruiting key employees, making business introductions, and offering startup guidance.

The damages estimate comes from C. Paul Wazzan, a financial economist acting as Musk's expert witness. Wazzan calculated that OpenAI realized wrongful gains ranging from $65.5 billion to $109.43 billion, while Microsoft, a major partner, benefited by $13.3 billion to $25.06 billion. These figures represent what the filing describes as liability for the defendants' "wrongful gains."

Musk, CEO of xAI, initiated the lawsuit in March 2024, accusing OpenAI of breaching its non-profit status. He later included Microsoft as a co-defendant and sought an injunction amid OpenAI's plans to restructure its corporate form. This case is separate from another suit where Musk has targeted OpenAI and Apple over alleged monopolistic practices that hinder xAI's access to the App Store.

The filing, first reported by Bloomberg, highlights the intensifying legal battles in the AI sector as former collaborators clash over mission and profits.

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Courtroom illustration depicting jury selection in Elon Musk v. OpenAI trial in Oakland federal court.
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Jury selected in Musk v. Altman trial in Oakland court

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A jury was selected on Monday in federal court in Oakland, California, for Elon Musk's lawsuit against OpenAI and Sam Altman. Some jurors expressed concerns about Musk and AI technology but assured the court they could remain impartial. The trial centers on allegations that OpenAI abandoned its nonprofit mission.

OpenAI has accused Elon Musk of orchestrating a last-minute legal ambush ahead of their upcoming trial. The company described Musk's recent proposals as legally improper in a court filing. The trial is scheduled to begin on April 27.

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A US judge has dismissed Elon Musk's fraud claims in his lawsuit against OpenAI and its CEO Sam Altman. The case will proceed to trial on allegations of breach of charitable trust and unjust enrichment. Jury selection is set to begin on Monday, with opening arguments to follow on Tuesday.

Sam Altman took the stand on Tuesday in the ongoing Musk v. Altman trial, addressing claims about leadership struggles at OpenAI. He described Elon Musk's insistence on total control and shared personal reflections on a 2023 ouster. Closing arguments are scheduled to begin Thursday.

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SpaceX has confidentially submitted draft registration paperwork to the US Securities and Exchange Commission for an initial public offering that could raise $75 billion at a $1.75 trillion valuation. The filing, as reported by Bloomberg and people familiar with the matter, sets the stage for a potential June listing, which would surpass the previous record set by Saudi Aramco. The move follows the company's recent acquisition of Elon Musk's xAI and comes amid recent Nasdaq rule changes favoring large new listings.

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