Elon Musk described himself as a fool for funding OpenAI during testimony on April 29, 2026 [2], in an Oakland courthouse.
The trial centers on whether OpenAI abandoned its original nonprofit mission to become a profit-driven entity, a shift Musk alleges misled his initial investment.
During the second day of proceedings, Musk engaged in exchanges with OpenAI lawyer William Savitt. Musk alleged the company performed a bait-and-switch regarding its operational goals. He said, "I was a fool for providing the funds to help start OpenAI."
Musk's frustration with the company's direction was illustrated by evidence of past communications. Testimony included a message sent from Musk to OpenAI CEO Sam Altman asking, "what the hell is going on".
The legal battle focuses on the transition of OpenAI from a research-oriented nonprofit to a commercial powerhouse. Musk argues that this pivot violates the foundational agreement under which he provided early funding. The company's current structure now involves massive corporate partnerships, including a $10 billion investment from Microsoft [1].
Lawyers for OpenAI have sought to challenge Musk's narrative of the company's evolution. The courtroom atmosphere remained tense as Musk faced questioning regarding his role in the organization's early days and his subsequent departure. The proceedings continue in California to determine if the company breached its original mandate.
“"I was a fool for providing the funds to help start OpenAI."”
This litigation represents a fundamental clash between the idealistic origins of AI development and the commercial realities of scaling the technology. If the court finds that OpenAI breached its nonprofit charter, it could create a legal precedent affecting how other AI labs structure their governance and manage the transition from research to commercialization.





