Judge says there is plenty of evidence to suggest OpenAI’s leaders made assurances nonprofit structure would be kept

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Elon Musk’s lawsuit against OpenAI is to go to trial after a US judge said there is plenty of evidence to support the billionaire’s case.

The world’s richest man, who co-founded OpenAI, is suing the ChatGPT developer and its chief executive, Sam Altman, over claims its leaders violated the organisation’s founding mission by shifting to a for-profit model.

The US district judge Yvonne Gonzalez Rogers in Oakland, California, told a hearing there was plenty of evidence that suggested OpenAI’s leaders made assurances that its original nonprofit structure was going to be maintained.