Elon Musk says Sam Altman tried to 'steal' charity, as moguls contest $150bn court battle

Elon Musk has accused his rival Sam Altman of trying to "steal" a charity as he fights his $150bn (£111bn) court claim over OpenAI.

The trial centres on the 2015 birth of OpenAI, maker of ChatGPT, as a non-profit start-up, primarily funded by Mr Musk, before it evolved into a capitalist venture now valued at $852bn (£632bn).

Mr Musk, the CEO of Tesla and SpaceX, has accused Mr Altman, OpenAI, and its president, Greg Brockman, of wooing his donations by promising to build a non-profit to develop AI responsibly, before pivoting to create a for-profit entity in 2019 to enrich themselves.

On Wednesday Mr Musk, who invested about $38 million in OpenAI between December 2015 and May 2017, gave his account of OpenAI's early years, recounting how he lost confidence that Mr Altman would keep it a nonprofit.

Questioned by his lawyer Steven Molo, Mr Musk said by late 2022 he was concerned Mr Altman was trying to "steal the charity. "It turned out to be true," Mr Musk added.

Judge Yvonne Gonzalez Rogers stepped in multiple times throughout the day, including after Mr Musk accused OpenAI's lawyer, William Savitt, of trying to trick him.

"Your questions are not simple," Mr Musk said. "They are designed to trick me essentially."

When pressed by the judge to answer whether it was true or false that OpenAI was formed as a non-profit in December 2015, Mr Musk said it is not always simple, comparing it to asking "have you stopped beating your wife?"

That response caused Judge Rodgers to cut Mr Musk off, stating clearly: "We are not going to go there".

Mr Musk also said he was concerned that Microsoft, another defendant in the case that invested $10bn (£7.42bn) in OpenAI in 2023, had "captured" the organisation.

OpenAI has argued ‌that Mr Musk is motivated by a compulsion to control the company.

Mr Savitt told jurors during his opening statement on Monday that Mr Musk helped finance OpenAI's early growth and pushed it to become a for-profit business, one he might eventually lead.

He has also argued that Mr Musk is seeking to use the case to bolster his own AI company, xAI, which lags OpenAI in ​user adoption.

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Musk is seeking $150bn (£111bn) in damages from OpenAI and Microsoft, although any award would go to OpenAI's charitable arm.

He also wants the company to revert to a non-profit, with Mr Altman and Mr Brockman removed as officers and Mr Altman removed from the board.

OpenAI is currently structured as a public benefit corporation, in ‌which the non-profit and other investors, including Microsoft, hold stakes.

The trial comes as OpenAI prepares for a potential initial public offering that could value it at $1trn (£740bn), which a Musk win could derail.

The trial started on Monday and is expected to last about four weeks.

(c) Sky News 2026: Elon Musk says Sam Altman tried to 'steal' charity, as moguls contest $150bn court battle