01/05/2026
‘Not OK to steal a charity’: Elon Musk testifies in legal battle with Sam Altman over OpenAI......................................................................................................................................
“Fundamentally, I think they’re going to try to make this lawsuit ... very complicated, but it’s actually very simple,” said Musk. “Which is that it's not OK to steal a charity.”
In his opening statement, Musk’s lawyer, Steven Molo, said Altman and Brockman, with Microsoft’s help, had taken control of a charity “whose mission was the safe, open development of artificial intelligence”. Musk is seeking damages and Altman’s removal from OpenAI’s board.
What did Musk say?
Musk was the first witness called to testify in the trial on Tuesday, with his lawyer starting off by asking about his life story.
This included details about his move, at 17, from South Africa to Canada, where for a time Musk said he worked as a lumberjack among other odd jobs, then to the US. He recounted the slew of companies he founded and runs, including SpaceX, Tesla, The Boring Company, Neuralink and others.
Asked how he has time for everything, Musk said he works 80 to 100 hours a week, doesn't take vacations and owns no vacation homes or yachts.
Molo also asked Musk about his views on AI. Musk said he expects AI to be “smarter than any human” as soon as next year. Musk said a longstanding concern about AI is the question of what happens when computers become much smarter than humans.
Comparing it to having a “very smart child,” Musk said when the child grows up “you can't control that child,” but you can instil values such as honesty, integrity and being good.
Musk recounted his version of OpenAI's founding, which he said essentially happened because of a discussion he had with Google co-founder Larry Page, who called him a “speciesist" for elevating the survival of humanity over that of AI.
The kinship between Musk and Altman was forged in 2015 when they agreed to build AI more responsibly and safely than the profit-driven companies controlled by Google's Page and Sergey Brin and Facebook founder Mark Zuckerberg, according to evidence submitted ahead of the trial.
At that time, Musk said, Google had all the money, all the computers and all the talent for AI. “There was no counterbalance.”
Musk recalled there was discussion early on about alternative sources for funding OpenAI beyond donations, and he wasn't opposed to it having a for-profit arm, but “the tail shouldn't wag the dog.” There would be a profit limit, and once artificial general intelligence, AGI, was “figured out,” the for-profit would cease to exist.