Elon Musk testified in a federal trial in Oakland, California, and said that he once believed OpenAI would fail [1].

The proceedings center on a high-stakes dispute over the founding of OpenAI, alleged betrayals of its original mission, and Musk's concerns regarding AI safety. The outcome could redefine the legal boundaries of non-profit transitions to commercial entities in the tech sector.

Musk, a co-founder of OpenAI, provided testimony on May 14, 2024 [2]. During the trial, Musk said, "I thought OpenAI would fail" [3]. He said that he has serious concerns about AI safety and the direction the company is taking [4].

Legal representatives for Musk argued that the organization's transition from a non-profit to a commercial powerhouse was an illegal pivot. A lawyer representing Musk said, "They stole a charity" [5]. This claim suggests that the original intent to benefit humanity was discarded in favor of corporate profit.

The trial is being heard by a jury consisting of nine jurors [6]. The court is examining whether the leadership, including former CEO Sam Altman, breached their fiduciary duties to the original founding mission.

While some reports indicate Musk testified first, other accounts suggest Altman provided testimony before Musk [7]. The proceedings continue to explore the tension between rapid AI development and the safety guardrails Musk argues are necessary to prevent catastrophic outcomes.

"I thought OpenAI would fail."

This trial represents a fundamental clash between the 'open-source' philanthropic origins of artificial intelligence and the current closed-model commercial reality. If the court finds that OpenAI's transition constituted a betrayal of its non-profit charter, it could set a legal precedent affecting how other AI labs structure their governance and intellectual property transitions.