【AI前沿】Elon Musk took too long to sue OpenAI, jury unanimously agrees

A little too lateElon Musk took too long to sue OpenAI, jury unanimously agreesMusk plans to appeal after judge immediately affirmed the jury’s decision.Ashley Belanger–May 18, 2026 2:09 pm|164Elon Musk attends a state banquet hosted by Chinese President Xi Jinping in Beijing during a summit with Donald Trump.Credit:Alex Wong / Staff | Getty Images NewsElon Musk attends a state banquet hosted by Chinese President Xi Jinping in Beijing during a summit with Donald Trump.Credit:Alex Wong / Staff | Getty Images NewsText settingsStory textSizeSmallStandardLargeWidthStandardWideLinksStandardOrange Subscribers onlyLearn moreMinimize to navElon Musk took too long to file his lawsuit that accused OpenAI of stealing a charity, a nine-person jury unanimously decided Monday.Musksued OpenAI in 2024for making a “fool” out of him after Musk donated $38 million to kick-start OpenAI as a nonprofit, only to later be blindsided when OpenAI created a for-profit arm that he felt gutted funding for the charity while enriching executives like Sam Altman and Greg Brockman.But the jury found that Musk was aware of OpenAI’s restructuring plans as early as 2021 and therefore missed the statute of limitations requiring him to bring the lawsuit within three years, The New York Timesreported. Because Musk took too long to file the litigation, the jury deemed Altman and Brockman not liable for any of the claims that Musk brought against OpenAI, the NYT reported. The jury also let Microsoft off the hook, finding no liability for the OpenAI investor after Musk alleged they aided OpenAI’s get-rich scheme.Judge Yvonne Gonzalez Rogers almost instantly agreed with the jury’s decision, the NYT reported.She thanked the jury and reminded them that they can talk to “anyone about anything” once they feel comfortable discussing the case, the NYT reported.Musk’s legal team looked “sunken in their chairs” after the jury’s decision was announced, the NYT reported. One of the billionaire’s lawyers, Marc Toberoff, who hosted daily calls with press during the trial, quickly confirmed that Musk will appeal.Altman and Brockman were not present when the verdict came in, the NYT reported. However, there were “a few smiles from the OpenAI side of the room,” with OpenAI attorney William Savitt wearing “a wide grin,” the NYT reported. Savitt spent daysgrilling Musk on the stand, seemingly taking advantage of his prior experience as Musk’s lawyer to get under Musk’s skin.In a statement, Microsoft celebrated the win, writing,“The facts and the timeline in this case have long been clear, and we welcome the jury’s decision to dismiss these claims as untimely. We remain committed to our work with OpenAI to advance and scale AI for people and organizations around the world.”Musk did not return to the courtroom after delivering his testimony and was also not there when the verdict was read. Before the verdict arrived, Musk’s lawyer apologized after Musk shirked a court order requiring him to be available in case any further testimony was needed in the case. In an apparent sign that he was losing interest in the trial, Musk prioritized attendinga summit between Donald Trump and China’s President Xi Jinping.Late Monday, Musk issued a statement on X, writing, “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!”Musk reiterated his lawyer’s statement confirming he plans to appeal, writing, “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.”This story was updated to include Musk’s statement.Ashley BelangerSenior Policy ReporterAshley BelangerSenior Policy ReporterAshley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.164 Comments