Musk’s OpenAI Feud: Lawsuit Unlikely to Undo For-Profit Pivot

Elon Musk's lawsuits against OpenAI's for-profit restructure face slim chances of success, despite allegations of trade secret theft and antitrust violations. Drawing on recent court filings and expert analysis, the battle highlights AI industry tensions. OpenAI's $500 billion valuation persists amid ongoing legal drama.
Musk’s OpenAI Feud: Lawsuit Unlikely to Undo For-Profit Pivot
Written by Ava Callegari

In the high-stakes world of artificial intelligence, Elon Musk’s ongoing legal skirmishes with OpenAI have captivated industry insiders. The latest chapter unfolded as OpenAI completed its transformation into a for-profit entity, valuing the company at a staggering $500 billion. Musk, a co-founder who departed in 2018, has ramped up his legal efforts to challenge this restructure, but experts suggest his lawsuits face long odds.

Drawing from recent developments, Musk’s xAI accused OpenAI of stealing trade secrets by poaching employees, as reported by The Guardian. OpenAI countered by seeking dismissal, labeling it part of Musk’s ‘ongoing harassment,’ according to Reuters. This comes amid OpenAI’s restructure, where the nonprofit foundation retains a $130 billion stake, per The New York Times.

The Roots of the Rivalry

The feud traces back to OpenAI’s founding in 2015, with Musk as a key backer pushing for safeguards against AI risks. Emails revealed in court filings show Musk once advocated for a $1 billion funding commitment and even proposed merging OpenAI with Tesla, as detailed in posts on X from Morning Brew. However, Musk withdrew, citing disagreements over the company’s direction toward commercialization.

Fast-forward to 2025: OpenAI’s shift to a for-profit model, approved by regulators in California and Delaware, allows it to attract massive investments. Microsoft, a major stakeholder, now holds a 27% stake valued at $135 billion, according to Hindustan Times. This restructure eliminates profit caps, enabling fundraising from investors like SoftBank, as noted in X posts by Marius Fanu.

Legal Maneuvers and Setbacks

Musk’s initial lawsuit in 2024 alleged OpenAI betrayed its nonprofit mission, but he dropped it months later, per X updates from CNN. Undeterred, he refiled with expanded claims, including antitrust violations against OpenAI and Microsoft, as reported by Politico. A California judge allowed fraud claims to proceed, according to X posts from Breitbart News.

Yet, OpenAI has pushed back aggressively. In a recent filing, they argued Musk’s suit is a ‘harassment tactic’ aimed at bullying ex-employees, as covered by Bloomberg. A group of former OpenAI employees even backed Musk’s efforts to halt the restructure, citing concerns over investor control, per Reuters.

Trade Secrets and Poaching Allegations

Central to xAI’s complaint is the claim that OpenAI lured away talent to access secrets about the Grok chatbot. The lawsuit, filed in September 2025, alleges a ‘troubling pattern’ of hiring former xAI workers, as per The Guardian. OpenAI dismissed this as baseless, with a spokesperson stating, ‘This case is part of Musk’s ongoing harassment of the company,’ quoted in Reuters.

Legal experts, however, see little chance of success. An analysis from The Information posits that Musk’s suit is ‘unlikely to unwind OpenAI’s restructure,’ citing the complexity of reversing approved corporate changes. Posts on X from TIME highlight the timeline, noting early losses for Musk in blocking the shift.

Antitrust Angles and Broader Implications

Musk has broadened his attack to include antitrust claims, accusing OpenAI and Apple of anticompetitive practices in AI integration, as detailed in CNBC. The suit, filed in Fort Worth, Texas, questions venue choice but could reshape AI market dynamics, according to opentools.ai.

OpenAI’s response has been swift, with filings to dismiss, arguing the claims distract from xAI’s own shortcomings, per Bloomberg. Meanwhile, a federal judge suggested parties consider relocating, but the case persists, fueling speculation on X from users like Drogon about Musk’s motives.

Investor Stakes and Valuation Surge

The restructure has propelled OpenAI’s valuation to $500 billion, with the nonprofit arm holding 26% via warrants, as explained in X posts by PitchBook. This move, long in the making, addresses funding needs, as OpenAI argued in court that removing nonprofit controls is essential for investor capital, per Gadgets360.

Microsoft’s deepened involvement, pegged at 27%, underscores the high financial stakes. Hindustan Times reported the deal as a pivotal shift, while critics like Musk accuse OpenAI of ‘stealing a charity,’ as captured in opentools.ai coverage. Former employees’ support for Musk highlights internal rifts over the for-profit pivot.

Regulatory Scrutiny and Future Battles

Regulators have greenlit the changes, but not without scrutiny. The California and Delaware attorneys general approved with conditions, ensuring some nonprofit oversight, according to X posts by Marius Fanu. This hasn’t quelled concerns, with Musk’s team subpoenaing critics, as noted in X updates from Wire Protocol.

Industry observers, via TIME, predict prolonged litigation but doubt major disruptions. A recent ruling allowed class action claims against OpenAI to proceed, per X posts from Adam Eisgrau, signaling broader legal vulnerabilities in AI outputs.

Echoes in the AI Ecosystem

The Musk-OpenAI saga reflects deeper tensions in AI governance. Musk’s public criticisms, amplified on X, portray OpenAI as betraying its mission, while supporters argue the restructure ensures survival in a competitive landscape. As per Politico, Musk suffered an early loss in blocking the change, yet his persistence keeps the spotlight on ethical AI development.

Looking ahead, the lawsuits could influence how AI firms balance profit and public benefit. With OpenAI’s foundation owning a massive stake, the model might inspire others, but Musk’s challenges underscore the personal animosities driving tech’s biggest battles, as chronicled across Reuters and Bloomberg reports.

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