OpenAI has initiated a countersuit against Elon Musk, asserting on X that “Elon’s relentless actions against us are merely bad-faith tactics aimed at undermining OpenAI and seizing control of key AI innovations for his own personal gain.” This legal battle highlights the ongoing tensions between Musk and OpenAI in the field of artificial intelligence.
In the legal documents, OpenAI’s attorneys contend that “Musk’s persistent assaults on OpenAI, culminating in a deceptive takeover bid designed to disrupt our future, must come to an end. Musk should be restrained from further unlawful actions and made accountable for the harm he has inflicted.” This case reflects a significant intersection of law and technology, particularly in AI.
Initially, Musk, a founding member of OpenAI, filed a lawsuit last spring, arguing for a return to the company’s mission of developing AGI for the benefit of humanity, rather than focusing on profits. The Verge’s editor-in-chief, Nilay Patel, criticized Musk’s legal arguments, deeming them “hilariously bad.”
After dropping that initial lawsuit in June, Musk filed another suit against OpenAI in August. In December, OpenAI released a blog post titled “Elon Musk wanted an OpenAI for-profit,” along with supporting evidence regarding the claims. The trial is anticipated to commence in the spring of 2026.
Earlier this year, Musk proposed a $97.4 billion acquisition of OpenAI, stating, “It’s time for OpenAI to revert to being the open-source, safety-focused entity it originally was.” However, OpenAI’s board of directors unanimously rejected the offer, which has been characterized in the latest filing as a “sham bid.” This ongoing saga encapsulates the complex relationship between technology, policy, and the law as it pertains to AI development.
Disclosure: The Verge’s parent company, Vox Media, collaborates with OpenAI.
