Jury selection got underway this morning in a federal courtroom in Oakland, California, marking the start of Elon Musk's high-stakes trial against OpenAI, CEO Sam Altman, President Greg Brockman, and Microsoft. The case, presided over by U.S. District Judge Yvonne Gonzalez Rogers, centers on allegations that OpenAI abandoned its original nonprofit mission to develop artificial general intelligence for humanity's benefit.

Musk co-founded OpenAI in December 2015 with Altman and others amid concerns that profit-driven companies like Google might dominate AI development. The organization's charter pledged to advance digital intelligence "in the way that is most likely to benefit humanity as a whole, unconstrained by a need to generate financial return." Musk donated around $45 million to the effort, described as a tax-deductible contribution rather than an investment.

Tensions arose by 2017 when Musk sought greater control and proposed merging OpenAI with Tesla, a plan rejected by Altman and Brockman. Musk resigned from the board in February 2018 and ceased funding. OpenAI then created a for-profit subsidiary in 2019 to attract investments, including billions from Microsoft.

Musk revived his criticisms after OpenAI's ChatGPT launch in 2022, launching rival xAI in 2023. He filed the initial lawsuit in March 2024, claiming breach of contract, but voluntarily dismissed it. He refiled in federal court in August 2024, alleging breach of charitable trust and unjust enrichment. Fraud claims were dismissed Friday at Musk's request to streamline the proceedings.

Musk seeks more than $134 billion in damages directed to OpenAI's nonprofit arm an injunction to unwind the for-profit structure, and removal of Altman and Brockman. He accuses Altman of deceiving him into funding the lab with false promises of openness and public benefit, calling it a "textbook tale of altruism versus greed." Microsoft faces claims of aiding the alleged misconduct.

OpenAI counters that no binding "founding agreement" existed, that Musk supported a for-profit shift in 2017, and that his suit stems from jealousy over OpenAI's success, now valued at over $850 billion. The company calls the action a "harassment campaign driven by ego."

The trial is divided into a liability phase, with an advisory jury verdict expected by mid-May, and a remedies phase starting May 18. Sessions run Monday through Thursday from 8:30 a.m. to 1:40 p.m. PT. Expected witnesses include Musk, Altman, Brockman, Microsoft CEO Satya Nadella, former OpenAI CTO Mira Murati, and board members involved in Altman's brief 2023 ouster.

Court filings have revealed personal texts and emails, including Musk labeling Altman "Scam Altman" and Altman expressing excitement about putting Musk under oath. The outcome could reshape OpenAI's structure amid IPO plans and intensify the AI arms race, pitting Musk's xAI, recently merged with SpaceX at a $1.25 trillion valuation, against OpenAI.