Elon Musk has announced he will appeal a federal jury’s decision dismissing his high-profile lawsuit against OpenAI and CEO Sam Altman, arguing that the court never addressed the core allegations and only ruled on a procedural timing issue.
The nine-member advisory jury in Oakland, California, deliberated for less than two hours on Monday before unanimously determining that Musk’s claims were filed too late under California’s statute of limitations. U.S. District Judge Yvonne Gonzalez Rogers accepted the verdict and dismissed all claims against OpenAI, Altman, and President Greg Brockman.
Musk, who co-founded OpenAI in 2015 as a nonprofit dedicated to developing artificial intelligence for the benefit of humanity, had accused Altman and Brockman of betraying that mission by steering the organization toward a for-profit model that enriched its leaders. He donated millions to the venture before departing in 2018.
In a post on X shortly after the verdict, Musk stated: “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 is WHEN they did it!”
He added: “I will be filing an appeal with the Ninth Circuit, because creating a precedent to loot charities is incredibly destructive to charitable giving in America. OpenAI was founded to benefit all of humanity.”
Musk’s legal team has confirmed the intention to appeal, with one attorney describing the fight as ongoing. The lawsuit had sought to remove Altman and Brockman from their roles and block further shifts away from the nonprofit structure.
The swift resolution marks a significant victory for OpenAI, which has rapidly grown into one of the world’s most valuable AI companies through its partnership with Microsoft and transition to a for-profit entity. The company and its supporters welcomed the dismissal, viewing it as clearing the path forward.
