OpenAI dodges Musk lawsuit

- Elon Musk lost his lawsuit against OpenAI, Sam Altman and Greg Brockman on May 18 after an Oakland jury found he sued too late. - A nine-member jury deliberated for less than two hours before rejecting Musk’s claims, and Musk said on X that he would appeal. - An appeal would go to the Ninth Circuit, while OpenAI continues talks with investors and finance hires.

Elon Musk’s case against OpenAI ended on May 18 with a unanimous jury finding that he waited too long to sue over the company’s shift toward a for-profit structure. The verdict, delivered in federal court in Oakland, California, cleared OpenAI, Chief Executive Sam Altman and President Greg Brockman of liability on all claims tied to Musk’s allegations that they abandoned the group’s founding mission. Judge Yvonne Gonzalez Rogers accepted the advisory jury’s finding and dismissed the claims. Musk said after the verdict that he would appeal. ### Why did the jury throw the case out instead of deciding Musk’s broader claims? The nine-member jury found on May 18 that Musk’s claims were barred by the statute of limitations, ending the case on timing grounds rather than on the larger dispute over OpenAI’s mission. Jurors concluded that Musk had waited too long to bring claims accusing OpenAI and its leaders of breaching duties tied to the organization’s original nonprofit structure. (usnews.com) OpenAI had argued that Musk knew years earlier about the conduct he later challenged in court. CBS reported that OpenAI said Musk could not claim harm for conduct before August 2021 because California’s three-year limitations period had already run. ### Who exactly did Musk sue, and what was he asking for? (nytimes.com) Musk’s 2024 lawsuit targeted OpenAI, Altman, Brockman and Microsoft, which backed OpenAI’s for-profit arm. He accused Altman and Brockman of unlawfully enriching themselves and said Microsoft aided and abetted the alleged breach of duty, according to NBC News and Reuters. (cbsnews.com) Reuters and the New York Times said Musk had sought more than $150 billion in damages. The case grew out of Musk’s claim that OpenAI had strayed from the public-benefit purpose he says animated its 2015 founding. ### How fast did the verdict come back, and what did Musk say next? (nbcnews.com) Jurors deliberated for less than two hours before returning their verdict in Oakland. Multiple outlets, including NBC News, CNBC and Reuters, described the decision as unanimous. Musk said on X that the result was a “calendar technicality” and vowed to appeal. (usnews.com) CNBC reported that he called the ruling a “terrible precedent,” while the New York Times said his lawyers told the court they planned to challenge the outcome. ### What does the ruling change for OpenAI right now? OpenAI avoided a judgment that could have disrupted its corporate plans or forced a reworking of its relationship with investors. (nbcnews.com) Reuters said the verdict removed an obstacle to a potential initial public offering, and NBC News described the case as one that could have reshaped the AI race had Musk prevailed. (cnbc.com) The New York Times reported that OpenAI has been hiring finance executives and renewing outreach to investors. That has added to market talk about how the company may position itself for future fundraising or a public listing, though OpenAI has not announced an IPO date. ### Why was this case so closely watched inside the tech industry? (usnews.com) OpenAI was founded in 2015 by Musk, Altman and others as a nonprofit research lab, and the case turned a private split among its founders into a public fight over money, control and the original purpose of the organization. Musk later left OpenAI, while Altman stayed and oversaw the company’s growth into one of the central players in generative AI. (nytimes.com) The next step is appellate. Any appeal from Judge Gonzalez Rogers’s court would go to the U.S. Court of Appeals for the Ninth Circuit, while Musk, Altman, Brockman and Microsoft remain the named participants in the dispute’s next phase. (nytimes.com) (nbcbayarea.com)

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