OAKLAND, Calif. (AP) — Lawyers for Elon Musk and OpenAI made their final arguments Thursday in the landmark trial whose outcome could shape the future of artificial intelligence.

Musk, the world's richest man, was a co-founder of OpenAI, which started in 2015 and went on to create ChatGPT. His lawsuit filed in 2024 accuses OpenAI CEO Sam Altman and his top deputy of betraying a plan to keep it as a nonprofit and shifting into a moneymaking mode behind his back.

The trial’s outcome could sway the balance of power in AI — breakthrough technology that increasingly has raised fears about its potential impacts on the economy, society and even humanity's survival. Scrutiny of Altman’s leadership comes at a crucial time for the company and its competitors, Musk’s own AI firm and Anthropic, formed by a group of seven ex-OpenAI leaders.

All three firms are moving toward planned initial public offerings that are expected to be among the largest ever. Musk is seeking damages and changes to OpenAI’s business structure, as well as Altman’s ouster from company leadership. If Musk wins, it could derail OpenAI’s IPO plans.

Timing of lawsuit is key question

One of the jury’s tasks is to decide if Musk filed his lawsuit in time. Much of the testimony has centered on OpenAI’s early years after its founding, but there’s a relatively short timeline to allege the claims Musk is making of breach of charitable trust and unjust enrichment.

OpenAI has argued that Musk waited too long and cannot claim harms that occurred before August 2021.

The judge wrote in a court filing last month that “if the jury finds that Musk failed to file his action within the statute of limitations, it is highly likely” that she will “accept that finding and direct verdict to the defendants.”

If the jury decides the lawsuit was filed in time, it then has to decide if OpenAI had a “charitable trust” that was broken by OpenAI and its executives. Musk's other claim means jurors must determine whether Altman, Greg Brockman — co-founder and president — and OpenAI unjustly enriched themselves at Musk's expense.

For Microsoft, a co-defendant in the trial, the jury has to decide whether the company aided and abetted that breach. Musk invested $38 million in OpenAI during its first years, and Microsoft became OpenAI's biggest investor after Musk's departure.

Source: WPLG