Why Elon Musk says he will give away billions if he wins lawsuit against OpenAI
At the heart of Musk’s legal fight is a fundamental question: did OpenAI stray from its founding purpose?

- Mar 17, 2026,
- Updated Mar 17, 2026 1:50 PM IST
In the middle of one of the most closely watched legal battles in AI, Elon Musk has made it clear he isn’t in it for the money.
The billionaire entrepreneur said that if he wins his case against OpenAI, any financial proceeds will be given away. “Btw, the proceeds of any legal victory in the OpenAI case will be donated to charity. I will in no way enrich myself,” he posted on X.
What's the OpenAI case all about?
At the heart of Musk’s legal fight is a fundamental question: did OpenAI stray from its founding purpose?
Musk, who co-founded the startup in 2015, argues that it was originally conceived as a nonprofit focused on building artificial general intelligence (AGI) safely and for the broader good of society. According to him, the company’s transition into a capped-profit structure and its deep commercial ties with Microsoft go against that founding vision.
He has also pointed to his early involvement, claiming he contributed tens of millions of dollars and played a role in shaping the organisation before exiting in 2018.
The financial scale of the case is massive, too. Musk is seeking damages that could range from roughly $79 billion to $134 billion, calling them “wrongful gains.” However, the court has raised questions about how these figures were calculated.
In a related development earlier this year, a separate lawsuit filed by Musk’s AI company, xAI, accusing OpenAI of misusing trade secrets, was thrown out.
What's OpenAI's response to Musk's allegations?
OpenAI, however, has strongly rejected Musk’s claims.
The company maintains that Musk was not only aware of discussions around monetisation but had, at one point, backed the idea of moving toward a for-profit structure. It has also been suggested that disagreements over control were a key reason behind his departure, alleging that Musk wanted a larger influence over the company’s direction before eventually stepping away.
Why this case matters
Beyond the courtroom drama, the case could reshape how AI companies evolve from mission-driven research labs into commercial giants backed by billions in capital.
As the AI race intensifies and infrastructure costs soar, the outcome may set a precedent for how organisations balance public-interest goals with the realities of scaling cutting-edge technology.
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In the middle of one of the most closely watched legal battles in AI, Elon Musk has made it clear he isn’t in it for the money.
The billionaire entrepreneur said that if he wins his case against OpenAI, any financial proceeds will be given away. “Btw, the proceeds of any legal victory in the OpenAI case will be donated to charity. I will in no way enrich myself,” he posted on X.
What's the OpenAI case all about?
At the heart of Musk’s legal fight is a fundamental question: did OpenAI stray from its founding purpose?
Musk, who co-founded the startup in 2015, argues that it was originally conceived as a nonprofit focused on building artificial general intelligence (AGI) safely and for the broader good of society. According to him, the company’s transition into a capped-profit structure and its deep commercial ties with Microsoft go against that founding vision.
He has also pointed to his early involvement, claiming he contributed tens of millions of dollars and played a role in shaping the organisation before exiting in 2018.
The financial scale of the case is massive, too. Musk is seeking damages that could range from roughly $79 billion to $134 billion, calling them “wrongful gains.” However, the court has raised questions about how these figures were calculated.
In a related development earlier this year, a separate lawsuit filed by Musk’s AI company, xAI, accusing OpenAI of misusing trade secrets, was thrown out.
What's OpenAI's response to Musk's allegations?
OpenAI, however, has strongly rejected Musk’s claims.
The company maintains that Musk was not only aware of discussions around monetisation but had, at one point, backed the idea of moving toward a for-profit structure. It has also been suggested that disagreements over control were a key reason behind his departure, alleging that Musk wanted a larger influence over the company’s direction before eventually stepping away.
Why this case matters
Beyond the courtroom drama, the case could reshape how AI companies evolve from mission-driven research labs into commercial giants backed by billions in capital.
As the AI race intensifies and infrastructure costs soar, the outcome may set a precedent for how organisations balance public-interest goals with the realities of scaling cutting-edge technology.
For Unparalleled coverage of India's Businesses and Economy – Subscribe to Business Today Magazine
