Elon Musk and OpenAI are expected to start their legal fight in the springtime of 2026, but the OpenAI group has filed a lawsuit and is accused of continued abuse.
Until now, the OpenAI/Musk conflict was unbroken.
Although Musk and OpenAI‘s legal battle actually started in February 2024, the conflict dates back to the late 2010s and the beginning of OpenAI.
Elon Musk then filed his first complaint against OpenAI, alleging the AI company had departed from its original purpose as a volunteer. In August 2024, Musk filed a revised issue containing the same fundamental claims as that lawsuit, which was afterwards withdrawn.
The US District Judge Yvonne Gonzalez Rogers also rejected Musk’s legal team’s request for a primary lawsuit against OpenAI, which was intended to temporarily end its transition to a for-profit unit. A jury trial was instead scheduled to start on March 16, 2026.
An investment consortium led by Musk submitted a bid of$ 97.4 billion to purchase OpenAI in February 2025. The board of directors of OpenAI quickly rejected the merger.
The counterclaim brought by OpenAI
The counterclaim brought by OpenAI revolves around Musk’s alleged ongoing harassment of the company. It cites all of the events mentioned above as evidence to support its claims.
The lawsuit claims in part that Musk has tried every means at his disposal to hurt OpenAI.” Through hit attacks, harmful campaigns broadcast to Musk’s more than 200 million followers on the social media platform he controls, a pretextual demand for business records, harassing legitimate claims, and a sham bid for OpenAI’s assets,”
OpenAI says it’s a necessary step in order to maintain its position of competitivity in the ever-growing client AI industry, despite the fact that the company does not contest its intentions to switch to a for-profit model. OpenAI insists that it isn’t focusing only on corporate profits, instead sticking to its original intention of creating AI for the benefit of humanity.
By the end of 2025, the organization must transition to a for-profit design, according to OpenAI. Failure to do so would result in the loss of a sizable portion of the$ 40 billion the business raised during its most recent round of fundraising.
If Musk’s petition is successful, it appears OpenAI will have to completely abandon its for-profit model, which may affect the company’s future. Both parties are currently anticipating the flower 2026 jury trial.
