Elon Musk will be returning to the witness stand on Wednesday in its high stakes trial against OpenAI. This trial is over Musk’s lawsuit against OpenAI, which alleges that the company deviated from its original mission as a nonprofit organization dedicated to developing artificial intelligence for the benefit of humanity.
Musk, who was among the co-founders of OpenAI and an early financial backer, argues that the company shifted away from its founding principles when it restructured into a “capped-profit” model and entered into a deep commercial partnership with Microsoft. He claims this transformation prioritized corporate interests and investor returns over openness and safety in artificial intelligence development.
READ: Elon Musk goes on rant against Sam Altman amid OpenAI lawsuit (April 28, 2026)
In a testimony on Tuesday, Musk sharply criticized the 2019 decision by the nonprofit OpenAI co-founder and Chief Executive Sam Altman and its President Greg Brockman to create a for-profit entity. “If we make it okay to loot a charity, the entire foundation of charitable giving in America will be destroyed,” Musk testified.
OpenAI said that it created a for-profit entity to allow it to buy computing power and pay top scientists. Its lawyers have argued that Musk wants to control OpenAI and bolster his own AI company xAI, which lags behind OpenAI in usage.
On Wednesday, Musk will resume being questioned by his own lawyer. He is then expected to be cross-examined by lawyers for OpenAI and the other defendants, who have argued that AI safety was not a priority for Musk when he was with the company and that he derided employees who focused on it “jackasses.”
READ: Elon Musk and Sam Altman to head to court over OpenAI dispute (April 27, 2026)
On Tuesday, U.S. District Judge Yvonne Gonzalez Rogers admonished Musk after OpenAI lawyers complained about his posts on X, which referred to Altman as “Scam Altman.”
“Scam Altman and Greg Stockman stole a charity. Full stop. Greg got tens of billions of stock for himself and Scam got dozens of OpenAI side deals with a piece of the action for himself, Y Combinator style. After this lawsuit, Scam will also be awarded tens of billions in stock directly,” Musk had said on X.
Musk agreed to minimize his social media activity, as did Altman following this. Musk is seeking $150 billion in damages from OpenAI and Microsoft, and wants the award to go to OpenAI’s charitable arm. He also wants OpenAI to revert to a nonprofit, with Altman and Brockman removed as officers and Altman removed from the board.