Musk Says He Will Donate Winnings from OpenAI Lawsuit to Charity, $109 Billion Damages Claim to Be Tried in April

Gate News reports that on March 17, Elon Musk posted on X stating that any winnings from the OpenAI lawsuit will be donated to charity and will not benefit him in any way. The case was filed by Musk in 2024, accusing OpenAI CEO Sam Altman and partner Microsoft of abandoning OpenAI’s original non-profit mission in favor of a profit-driven structure to pursue commercial interests. Musk is one of the co-founders of OpenAI, involved in its founding in 2015 with approximately $38 million, and left in 2018. He is currently leading the AI company xAI. On March 13, presiding judge Yvonne Gonzalez Rogers ruled during a pre-trial conference in Oakland, California, that expert testimony from Musk’s side, including economist C. Paul Wazzan from Berkeley Research Group, regarding damages is not excluded. Wazzan’s report estimates that if the jury finds OpenAI in breach, OpenAI could owe up to $109 billion. Wazzan also estimated that Microsoft should pay $25 billion, but the judge has not yet ruled on this. The judge also preliminarily ruled that Musk cannot seek punitive damages. She noted that even if Musk wins, the actual compensation could be far less than $109 billion: some claims may be barred by statutes of limitations, and the jury might also determine that Musk’s contribution to OpenAI’s success should only be partial. The case is scheduled for jury trial on April 28. OpenAI and Microsoft deny all allegations.