Closing Arguments Wrap in Musk v. Altman as Jury Prepares to Deliberate
CNBC reported Thursday that closing arguments in Musk v. Altman wrapped up in federal court in Oakland, California, setting the stage for jury deliberations beginning Monday.
Both Sides Make Their Final Case
The nine-person jury, composed of six women and three men, heard competing summations from attorneys representing Elon Musk and OpenAI CEO Sam Altman. Musk’s lead counsel, Steven Molo, pressed the argument that OpenAI abandoned its open-source commitments, neglected AI safety obligations, and allowed insiders to profit improperly. He specifically named Altman, OpenAI President Greg Brockman, and key investor Microsoft as beneficiaries.
OpenAI’s legal team responded by disputing any claim that Altman or Brockman had made binding structural promises to Musk. Attorneys Sarah Eddy and William Savitt argued that Musk’s contributions were handled appropriately and pointed out that the lawsuit arrived only after Musk launched his own competing AI venture, xAI. Eddy told the jury that Musk’s motivation was competitive, not principled. Microsoft’s attorney separately argued the tech giant had no awareness of the alleged violations and therefore could not have aided them.
Background on the Lawsuit
Musk filed suit in 2024 against OpenAI, Altman, and Brockman, alleging the company betrayed its founding nonprofit mission. He co-founded OpenAI with Altman and Brockman back in 2015 and claims roughly $38 million in donations were diverted to commercial ends without authorization. Earlier this year, Musk’s legal team argued he was entitled to as much as $134 billion in damages from OpenAI and Microsoft. That position has since shifted, with his team now requesting that any improper gains be returned to OpenAI’s charitable foundation rather than paid to Musk personally.
What Happens Next
The jury’s role here is advisory. Judge Yvonne Gonzalez Rogers retains final authority over any liability finding. Gonzalez Rogers, appointed to the Northern District of California by former President Barack Obama in 2011, has previously overseen major technology cases including Epic Games’ antitrust battle with Apple. Legal experts told CNBC that judges in complex, high-visibility cases sometimes use advisory juries to incorporate community perspective or provide institutional grounding for their decisions.
Alongside jury deliberations, Monday also marks the start of the trial’s remedies phase. There, Gonzalez Rogers will hear arguments on potential penalties and structural changes, including Musk’s request that Altman and Brockman be removed from their roles and that OpenAI’s 2025 recapitalization be unwound. The remedies phase proceeds only if liability is established.
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