OpenAI fast-tracks court clash with Elon Musk

The lawsuit’s outcome will impact OpenAI’s financial strategy, including a recent $6.6 billion funding round and a potential $40 billion investment deal with SoftBank, contingent on its for-profit transition.

OpenAI is in talks to acquire Jony Ive’s AI startup io Products, which is developing screenless phones and smart home gadgets.

Elon Musk and OpenAI have agreed to expedite their legal dispute concerning OpenAI’s transition to a for-profit entity, proposing a trial in December 2025. The development follows a series of legal manoeuvres, including a recent court decision denying Musk’s request to halt the restructuring process.

Musk, who co-founded OpenAI in 2015 but departed in 2018, initiated legal action last year, alleging that the company’s shift to a for-profit model deviates from its original mission to develop AI for the benefit of humanity.

In response, OpenAI and its CEO, Sam Altman, have refuted these claims, suggesting that Musk’s actions aim to impede a competitor, especially considering his establishment of the rival AI firm, xAI, in 2023.

The outcome of this lawsuit holds significant implications for OpenAI’s financial strategy. The company’s recent $6.6 billion funding round and a prospective $40 billion investment, currently under negotiation with SoftBank Group, are contingent upon its transition to a for-profit structure. Restructuring is essential to attract the capital needed to remain competitive in the evolving AI industry. ​

In February 2025, Musk led an unsolicited $97.4 billion takeover bid for OpenAI, which Altman promptly declined, reinforcing his stance that OpenAI is not for sale. Musk’s bid further intensified the complex relationship between Musk and OpenAI, highlighting the broader debate over the commercialisation of AI and the ethical considerations associated with balancing profit motives against societal benefits.

As the presumed December trial approaches, the tech industry and the public will closely monitor the proceedings, given their potential to influence the future trajectory of AI development and corporate governance within the sector.

For more information on these topics, visit diplomacy.edu.