OpenAI and Elon Musk agreed to accelerate their court battle into December, hastening the trial for what’s now one of the tech world’s most highly publicized controversies. The trial will be about OpenAI’s contentious change to a for-profit approach, which Musk asserts is a betrayal of the company’s original ethos.
The ruling to expedite proceedings comes as a U.S. District Court judge last month denied Musk’s request for an initial injunction to prevent OpenAI’s organizational changes. Despite this setback for Musk, both parties now appear eager to have their cases heard in court as promptly as possible.
OpenAI and Musk Agree to Trial, Dispute Over Jury Remains
The sides proposed the trial in December under a joint filing filed on Friday but have reserved for a future date the question of whether the case would be tried before the presiding judge or a jury.
This is a suit that stems from Musk’s assertions that OpenAI, whose CEO is Sam Altman, lost its original mission of developing artificial intelligence that benefits humanity and not corporate ends.
Musk, who co-founded OpenAI in 2015 and departed before it became a meteoric hit, sued last year after he launched his own rival AI firm, xAI, in 2023. OpenAI has consistently disputed Musk’s account, saying that his lawsuit is motivated by competitive purposes and not a concern for the group’s mission.

The firm welcomed the court’s rejection of Musk’s initial injunction, saying it was relieved the court would not hold the company back “for his sake.” The given timeframe is significant since OpenAI is seeking major funding in a bid to continue leading in the rapidly evolving field of AI.
The company’s latest $6.6 billion funding round and talks for a second round of as much as $40 billion with SoftBank Group have been said to be put on hold until restructuring to remove the nonprofit’s influence – the same change Musk opposes.
OpenAI’s For-Profit Shift and the Looming Legal Battle
For OpenAI, going for-profit is a significant step towards securing the funding needed to develop advanced AI technology like ChatGPT. The company argues that its nonprofit arm will continue to be an essential component of the success of its mission, with a profitable business model.
The court battle has also become complicated with Sam Altman recently rejecting an unsolicited offer of $97.4 billion by a consortium led by Musk to acquire the company. Altman has been unequivocally clear that OpenAI is not for sale, complicating the already bitter rivalry between the two tech giants.
This is more than a wrangle between erstwhile colleagues. It is a case that presents fundamental questions about the balance between economic necessity and moral considerations in the AI industry.
As companies race to build ever more sophisticated AI systems, the tradeoff between maximizing public value and capturing competitive advantage has become the defining challenge.
The December trial will give Musk and OpenAI an opportunity to make their cases in the public sphere and potentially establish precedents for how AI companies navigate the tricky terrain between mission-driven origins and business as usual.
Industry observers note that regardless of the result, the case demonstrates the growing pains for an industry still trying to find its moral boundaries. How this fight plays out may establish the tone for how subsequent AI initiatives structure themselves and define their responsibilities to the public.
As the trial date approaches, players in the whole technology industry will be observing, knowing that the standards set there can shape the development and oversight of AI for generations to come.