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OpenAI counters Elon Musk's lawsuit with evidence of attempted poaching by his companies, revealing a complex web of accusations over the company’s shift from nonprofit to profit-driven operations.
In the second week of the high-stakes legal battle between Elon Musk and OpenAI, new details have emerged that challenge Musk's allegations. Last week, Musk testified that OpenAI CEO Sam Altman and President Greg Brockman deceived him into donating $38 million to the company by promising it would remain a nonprofit dedicated to ethical AI development. He claimed they later accepted billions from Microsoft and restructured the organization to include a for-profit subsidiary.
This week, Brockman countered these claims, arguing that Musk himself pushed for OpenAI to create a for-profit arm and sought "absolute control" over it. According to OpenAI, Musk is suing because he didn't get his way and now aims to undermine a competitor to his own AI company, xAI.
Shivon Zilis, a former OpenAI board member and mother of four of Musk’s children, also testified this week. She revealed that Musk had attempted to recruit Sam Altman to lead a new AI lab at Tesla, further complicating the already tense relationship between the two tech giants.
Musk co-founded OpenAI in 2015 with Altman, Brockman, and others but left in 2018. Now, he is asking the court to remove Altman and Brockman from their roles and unwind the restructuring that converted OpenAI’s for-profit subsidiary into a public benefit corporation last year. He is also seeking up to $134 billion in damages from OpenAI and Microsoft, OpenAI’s investor.

The outcome of this trial could significantly impact OpenAI's plans for an IPO at a valuation approaching $1 trillion. Meanwhile, xAI, which Musk founded in 2023, is now a division of SpaceX. The combined companies are expected to go public as early as June, with a target valuation of $1.75 trillion.
The trial continues to unfold, with each revelation shedding new light on the complex dynamics between these influential figures in the tech and AI industries. As the legal battle intensifies, practitioners and observers alike are closely watching how this conflict might shape the future of AI development and corporate governance.
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Musk v. Altman week 2: OpenAI fires back, and Shivon Zilis reveals that Musk tried to poach Sam Altman
↗ https://www.technologyreview.com/2026/05/08/1137008/musk-v-altman-week-2-openai-fires-back-and-shivon-zilis-reveals-that-musk-tried-to-poach-sam-altman
About the author
Kai built ML infrastructure at a Bay Area startup before developing an obsession with transformer architectures and inference optimisation that eventually pulled him out of product work entirely. A stint at a compute research lab sharpened his instinct for what actually matters in a model release versus what is marketing. He writes from the inside — from the perspective of someone who has debugged the systems he is describing at three in the morning. He is allergic to hype and instinctively drawn to the unglamorous plumbing questions that everyone else skips over.
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14 May 2026
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