Tue, Apr 28 20265:35 PM EDTMusk says he wanted to start OpenAI to oppose GoogleDuring his testimony on Tuesday, Musk repeatedly emphasized that he founded OpenAI to serve as a counterweight to Google. He said he got the idea after an argument about AI safety with Google co-founder Larry Page, who Musk said called him "a speciesist for being pro-human."Musk said he was concerned Page was not taking AI safety seriously, so he wanted there to be an nonprofit, open source alternative to Google. "I could have started it as a for profit and I chose not to," Musk said on the stand.— Ashley Capoot Tue, Apr 28 20265:25 PM EDTAI safety expert Vivian Dong predicts trial's impact will be 'largely confined to OpenAI'Dado Ruvic | ReutersWhat impact could this trial have on the broader tech industry? Attorney and AI safety expert Vivian Dong predicts that the outcome of Musk v. Altman will be limited, at least from an AI safety perspective. "No specific AI safety policy or industry practice is on trial, so the implications will be largely confined to OpenAI," Dong, a program director at Legal Advocates for Safe Science and Technology, said in messages to CNBC. "It would be unprecedented for a court, in a private breach of charitable trust suit, to order the structural changes to OpenAI that Musk is seeking," she added. "The officials responsible for holding OpenAI to its charitable mission are the Attorneys General of Delaware and California—not Musk, whose own AI company has one of the worst safety track records in the industry."Musk's xAI, which he started to compete with OpenAI in 2023, is facing lawsuits and regulatory probes in multiple international jurisdictions after its Grok AI chatbot and image generator enabled mass production of sexually explicit deepfakes which were based on photos of real women and children who did not consent.— Lora KolodnyTue, Apr 28 20265:00 PM EDTMusk's lawyers will call Jared Birchall as their next witnessMusk's lawyers tell Judge Gonzalez Rogers that they will conclude Musk's testimony tomorrow and then bring Jared Birchall to the stand. Birchall manages Musk's billions at his family office, Excession LLC, and is an executive at xAI and Neuralink.– Jeffrey KoppTue, Apr 28 20264:44 PM EDTTestimony concludes for the dayTestimony has concluded for the day. Musk will return to the stand to complete his testimony on Wednesday. The judge is giving the jury instructions, which include strict orders not to discuss the trial with anyone. Toward the end of his testimony today, Musk looked slightly fatigued. He was taking sips of water, rubbing his head and running his hand through his hair. — Ashley CapootTue, Apr 28 20264:35 PM EDTMusk takes credit for OpenAI's founding, early recruitsElon Musk reacts at a federal courthouse during a recess of the trial in his lawsuit over OpenAI for-profit conversion, in Oakland, California, U.S., April 28, 2026. Manuel Orbegozo | ReutersMusk says in his testimony that he played a pivotal role in the founding of OpenAI, and that he would not have contributed his resources if the intent of the company's founders was to make a profit."I came up with the idea, the name, recruited the key people, taught them everything I know, provided all the initial funding," Musk says.Musk's lawyer enters into evidence the founding charter of OpenAI from 2015, which declared that OpenAI would seek to create "open source technology for the public benefit," and that it was "not organized for the private gain of any person." He shows the courtroom the document, displayed on a monitor."It was specifically meant to be for a charity that did not benefit any individual person," Musk says. "I could have started it as a for-profit and I chose not to. I chose to make it something for the benefit of all humanity."— Jeffrey Kopp Tue, Apr 28 20263:51 PM EDTMusk on future of AI: 'It could make us more prosperous, but it could also kill us all'Musk is discussing his predictions for the future of AI, its place in humanity and the risks it poses."It could make us more prosperous, but it could also kill us all," he says on the stand. "We want to be in a Gene Roddenberry movie, like Star Trek, not so much a James Cameron movie, like Terminator."He likened training AI to to raising children: "It's like if you had a very smart child… at the end of the day when the child grows up, you can't really control that child, but you can try to instill the right values. Honesty, integrity, caring about humanity – being good, essentially."He also made a stark prediction: "My guess is that AI will probably be as smart as any human as soon as next year."— Jeffrey KoppTue, Apr 28 20263:43 PM EDTMusk details his tech and business qualificationsJonathan Raa | Nurphoto | Getty ImagesAs Musk recounts his entrepreneurial bona fides — including his work as CEO of electric vehicle maker Tesla, founder and CEO of re-usable rocket maker SpaceX and founder of the brain computer interface company Neuralink — he's demonstrating his longstanding interest in safe AI.He said the long-term goal of Neuralink was "actually AI safety, in the sense that if we can closely tie the human world to AI, basically if we're going to achieve better human-AI symbiosis, then we're more likely to have a future with AI that is good for humanity."— Jeffrey KoppTue, Apr 28 20263:26 PM EDTMusk seems at ease on the stand as he answers questions about his backgroundMusk seems relaxed and pretty at ease so far. He is answering questions about his background and his early ventures, as well as his responsibilities as the head of Tesla and SpaceX.This line of questioning from Molo seems to be an effort to help the jury understand who Musk is, as well as his many commitments. – Ashley CapootTue, Apr 28 20263:00 PM EDTMusk takes the standElon Musk, CEO of SpaceX and Tesla stands to be sworn in as he takes the witness stand in the federal court in Oakland, California, on April 28, 2026.Elizabeth WilliamsMusk just took the stand to testify. His lawyer, Molo, will start to ask him questions. Altman has not returned to the courtroom, but Brockman is here.— Ashley CapootTue, Apr 28 20263:17 PM EDTMicrosoft lawyer cites statute of limitations, Musk's relationship with Nadella in opening statementMicrosoft CEO Satya Nadella holds a virtual conversation with xAI CEO Elon Musk, as Microsoft added xAI's models to its Azure offerings, at Microsoft's annual software developer conference, in Seattle, Washington, U.S., May 19, 2025.Stephen Nellis | ReutersRussell Cohen, a lawyer for Microsoft, argued in his opening statement that Microsoft did not — and could not have — aided OpenAI's alleged breach of a charitable trust.He first argued that Musk's suit exceeded the statute of limitations. Cohen pointed to a September 2020 post on X in which Musk wrote that "OpenAI is essentially captured by Microsoft" — evidence, he argued, that Musk knew about the Microsoft relationship years before filing his lawsuit.He then argued that Microsoft had no knowledge of any breach, and that Musk could have raised any concerns with its CEO Satya Nadella directly."Let's be clear about one thing: Mr. Musk knew how to get in touch with Satya Nadella if he wanted to," Cohen said, noting Musk personally had Nadella's phone number. "For five years after the partnership was announced, Mr. Musk never told Microsoft that it was violating special conditions on his donations to OpenAI."Cohen also argued that Musk was motivated to sue only after he launched a competing AI lab, xAI, in 2023."It was only after ChatGPT was so successful that he launched his own for-profit AI company, xAI, that he suddenly made his claims against Microsoft," Cohen said.— Jeffrey KoppTue, Apr 28 20262:53 PM EDTHow OpenAI and Musk's xAI are structured todayThe trial centers on OpenAI's structure, ownership and mission through the years. In October 2025, OpenAI became a nonprofit, named the OpenAI Foundation, that holds a controlling equity stake in a for-profit business, called OpenAI Group PBC.At the time it completed the restructuring, OpenAI Foundation held about a 26% stake in the for-profit while Microsoft — which had backed OpenAI since 2019 — held a roughly 27% stake.Musk, meanwhile, started xAI as a for-profit, public benefit corporation (or PBC) in March 2023. The company shed its PBC commitments to do social and environmental good in 2024. Musk then merged xAI with his social network X in 2025, and into SpaceX, his aerospace and defense company, this year.Both SpaceX and OpenAI are racing to go public while investor interest in AI remains high.— Lora KolodnyTue, Apr 28 20262:34 PM EDTMusk will be the first witness to testify in the trial, his lawyers confirmElon Musk (l) CEO of Tesla and SpaceX and Sam Altman (r) CEO of OpenAI are seated in the federal court in Oakland, California, on April 28, 2026.Elizabeth WilliamsThe first witness called to testify in the case will be Musk, his lawyers confirmed. Musk's testimony will begin after a brief 20-minute recess that the judge just ordered. — Ashley CapootTue, Apr 28 20262:13 PM EDTWhat is Microsoft's role in the case?Microsoft is also named as a defendant in the lawsuit. Musk accuses Microsoft of aiding and abetting OpenAI, Altman and Brockman's alleged misconduct in one claim in the case. His attorneys will argue that Microsoft enabled their alleged breach of charitable trust through its investments and partnerships with the company's for-profit subsidiary.— Ashley CapootTue, Apr 28 20262:11 PM EDTOpenAI lawyer: 'We are here because Mr. Musk didn't get his way'"We are here because Mr. Musk didn't get his way at OpenAI," Savitt told the jury. "That's what happened. He quit, saying they would fail for sure. But my clients had the nerve to go on and succeed without him. Mr. Musk may not like that, but it's no basis for a lawsuit."— Jeffrey KoppTue, Apr 28 20262:08 PM EDTNow it's Microsoft's turnA Microsoft store in New York, US, on Monday, April 27, 2026. Michael Nagle | Bloomberg | Getty ImagesOpenAI's lawyer just concluded his opening statement, and now a lawyer representing Microsoft is up facing the jury. He is explaining Microsoft's investments in OpenAI and the nature of the partnership between the two companies. Microsoft is one of OpenAI's longtime backers, investing more than $13 billion in the company since 2019. The companies announced a revamped version of their collaboration on Monday.— Ashley CapootTue, Apr 28 20262:05 PM EDTOpenAI attorney: Musk explored nonprofit structure change for OpenAI, never fulfilled donation promisesSavitt says Musk "never expressed the view that OpenAI had to remain purely nonprofit, or even that he thought it should be." He showed the jury an e-mail from former OpenAI board member Shivon Zilis — who shares four children with Musk — to Sam Teller, who worked for Musk, describing two ways that OpenAI could change its structure: "Roll everything into a B corp," or "OpenAI C Corp and OpenAI non-profit," the e-mail said.Musk only "supported a for-profit, so long as he was in control," Savitt says.He also emphasized that Musk never donated all the funds he had promised to OpenAI, leaving the organization to scramble for additional support. — Jeffrey KoppTue, Apr 28 20261:33 PM EDTOpenAI lawyer explains jargon to jury William Savitt, lead attorney for OpenAI and its CEO Sam Altman, speaks with reporters outside the Ronald V. Dellums US Courthouse in Oakland, California, on April 27, 2026, after the first day of the Elon Musk vs. OpenAI trial. Karl Mondon | Afp | Getty ImagesSavitt is facing the jury as he presents his opening statements. He is making sure to explain terms that the jury might not be familiar with, including Dota, a video game, and a B Corp, a type of for-profit company.He is wearing a blue suit with a green tie.— Ashley CapootTue, Apr 28 20261:28 PM EDTWho are Musk's expert witnesses?Molo told the jury to expect to hear testimony from people who were there in the early years of OpenAI, and two key experts.The expert witnesses for Musk are Stuart J. Russell, science professor and AI researcher with the University of California, Berkeley, and David M. Schizer, Columbia Law professor, dean emeritus and tax scholar.Russell is a founder of the Center for Human-Compatible Artificial Intelligence at UC Berkeley, and a co-author of the foundational AI textbook, "Artificial Intelligence: A Modern Approach." Schizer is the author of "How to Save the World in Six (Not So Easy) Steps: Bringing Out the Best in Nonprofits."— Lora KolodnyTue, Apr 28 20261:21 PM EDTAltman appears in prerecorded video at AWS eventSam Altman made a virtual appearance at an Amazon Web Services event on April 28th, 2026.Jordan Novet | CNBCAs the legal showdown kicked off in the courtroom, Altman just made a virtual appearance at an Amazon Web Services event."I wish I could be there with you in person today," he said in a prerecorded video. "My schedule got taken away from me today, I wanted to send a short message."Altman highlighted OpenAI's ongoing infrastructure partnership with the company and said it's bringing its coding agent, known as Codex, to AWS customers. — Samantha SubinTue, Apr 28 20261:17 PM EDTLawyer for OpenAI begins opening statementThe court is back from a short recess. William Savitt, an attorney representing OpenAI, Altman and Brockman, is beginning his opening statement.– Josephine RozzelleTue, Apr 28 20261:13 PM EDTAltman, Musk wait in courtroom for OpenAI opening statementWhile in recess, Altman stood with his arms crossed and a concerned look on his face while in conversation with counsel and team members. Musk sat studying his notes with his jaw set, working his tongue against the inside of his cheek.Altman and Brockman are seated together at the front of the gallery. Musk is at a table in the center of the courtroom with his lawyers.– Jeffrey KoppTue, Apr 28 20261:09 PM EDTMusk's lawyer faced the jury as he presented his opening statementAttorney Steven Molo, representing Elon Musk, arrives at federal court in Oakland, California, US, on Tuesday, April 28, 2026. Elon Musk is suing OpenAI and Microsoft Corp. over claims that the startup abandoned its founding mission when it took billions of dollars in backing from the software stalwart and planned its restructuring. David Paul Morris | Bloomberg | Getty ImagesMolo, Musk's lawyer, faced the jury the entire time he presented his opening arguments. He spoke clearly, and he did not use technical language as he talked. He is wearing a charcoal grey suit with a purple tie. — Ashley CapootTue, Apr 28 20261:05 PM EDTHere's what it's like inside the courtroomThe courtroom where the proceedings are happening is not very big. I am seated on a wooden bench on the left side of the room with other members of the media. There are six benches on the left side, and three benches on the right. Judge Gonzalez Rogers sits on a chair that is elevated above the rest of the courtroom. Lawyers for Musk and OpenAI are gathered in leather chairs around two rectangular tables. The tables are in front of a gate, so they are separated from the benches where I am sitting. Laptops, binders, chargers and bottles of water are covering the tables. The jury also sits in front of the gate. They are seated in two rows of leather chairs on the left side of the room, which is decorated with portraits. — Ashley CapootTue, Apr 28 202612:57 PM EDTCourt recesses for a 20-minute breakThe US District Courthouse in Oakland, California, US, on Monday, April 27, 2026. David Paul Morris | Bloomberg | Getty ImagesMusk's lawyer just concluded his opening statement, and Gonzalez Rogers ordered the court to recess for 20 minutes. When the proceedings resume, it will be time for a lawyer representing OpenAI, Altman and Brockman to present their opening arguments. Altman is still in the courtroom, and he's typing on his phone. Musk is seated at a table with some of his attorneys. Brockman left the room. — Ashley CapootTue, Apr 28 202612:55 PM EDTMusk's lawyer poses three questions to juryMolo asks the jury to keep three questions in mind throughout the trial."First: Did OpenAI have a charitable mission to operate as a non-profit, to develop safe AI, open source, for the good of humanity?"Second: "Did Altman and Brockman violate that mission through what they've done with the for-profit business?"And third: "Did Microsoft know about the charitable mission and substantially assist Altman and Brockman in breaching it?"– Jeffrey KoppTue, Apr 28 202612:36 PM EDTTechnical difficulties briefly pause opening statementAs Molo was presenting his opening arguments, his microphone and the screen where he has been showing images went down. "What can I tell you? We are funded by the federal government," Gonzalez Rogers joked, which was met with laughter in the courtroom. Proceedings are back underway.— Ashley CapootTue, Apr 28 202612:32 PM EDT'Without Elon Musk, there would be no OpenAI': LawyerElon Musk, chief executive officer of Tesla Inc., arrives at federal court in Oakland, California, US, on Tuesday, April 28, 2026. David Paul Morris | Bloomberg | Getty ImagesMolo says Musk provided the financial backing and vision that set the stage for OpenAI's success. "Without Elon Musk, there would be no OpenAI, pure and simple," he says. Musk's efforts included hiring and training leading AI scientists and contributing $38 million in early funding to the company, Molo says.— Samantha SubinTue, Apr 28 202612:26 PM EDTMusk's lawyer gives opening statement, asks jurors to set aside opinions of Tesla CEO Elon Musk's attorney Steven Molo enters court at the Ronald V. Dellums Federal Building on April 28, 2026 in Oakland, California. Benjamin Fanjoy | Getty ImagesMusk's lead trial lawyer, Steven Molo, is delivering his team's opening statement to the jury. Molo is urging jurors to set aside any preconceived opinions they have about the Tesla CEO."Everybody seems to know Mr. Musk and have an opinion of Mr. Musk," he says. "Not everybody's opinion is good, not everybody's is bad."Molo argues that the case is being decided for the "benefit of mankind as a whole," rather than financial gain. He also called Musk a "legend in the tech world," briefly touching on Musk's upbringing and business ventures, such as SpaceX and Tesla. — Samantha SubinTue, Apr 28 202612:07 PM EDTJudge is walking the jury through case, basic court know-howJudge Gonzalez Rogers is walking the nine jurors through basic court know-how."Anything you may see or hear when we are not in session is not evidence… you are to decide solely on the evidence received," she said. Gonzalez Rogers told jurors to take into account several factors, including the witnesses' memory, bias, and interst in the outcome of the case.— Samantha SubinTue, Apr 28 202611:46 AM EDTHere are the two claims that will be argued in the trialOf the 26 claims that Musk asserted in his 2024 lawsuit, only two remain: breach of charitable trust and unjust enrichment.For the trust claim, Musk's lawyers will argue that the roughly $38 million he donated to OpenAI formed a charitable trust that required the company to remain a nonprofit in perpetuity. For the unjust enrichment claim, Musk's attorneys will try to prove that OpenAI, Altman and Brockman used those contributions for unauthorized commercial purposes.— Ashley CapootTue, Apr 28 202611:29 AM EDTMusk, Altman and Brockman are inside the courtroomwatch nowI just took my seat inside the courtroom. Musk, Altman and Brockman are here for the proceedings, and all three of them are wearing suit and tie. Opening arguments will kick off shortly. — Ashley Capoot Tue, Apr 28 202611:17 AM EDTJudge Gonzalez Rogers split the trial into two parts. Here's how it's structuredGonzalez Rogers divided the trial into two parts: a liability phase and a remedies phase.During the liability section, Gonzalez Rogers will determine whether OpenAI, Altman and Brockman are at fault. The jury will weigh in during this phase only, and its verdict will be advisory, which means Gonzalez Rogers will make the final decision. If the liability phase is decided in Musk's favor, the trial will proceed to the remedies phase. Gonzalez Rogers will hear arguments about what the appropriate consequences and next steps should be. Jurors will not participate in this phase, so they won't hear any discussion about remedies. — Ashley CapootTue, Apr 28 202611:05 AM EDTLong lines outside the Oakland courthouseLong line of press, lawyers and members of the public waiting to get inside for the Musk v. Altman trial on April 28th, 2026.Ashley Capoot | CNBCThere is a long line of press, lawyers and members of the public waiting to get inside the federal courthouse before opening arguments begin.– Ashley CapootTue, Apr 28 202610:59 AM EDTWhat is Musk asking for?Elon Musk, CEO of SpaceX and Tesla, attends the Viva Technology conference at the Porte de Versailles exhibition center in Paris on June 16, 2023.Gonzalo Fuentes | ReutersMusk has sought several different remedies since he filed his lawsuit in 2024. Most recently, he's asked for Altman and Brockman to be removed from their roles at OpenAI. He's also asked Gonzalez Rogers to unwind the company's October recapitalization, which solidified its structure as a nonprofit with a controlling stake in its for-profit business. In a January filing, Musk's lawyers said he should receive up to $134 billion worth of "wrongful gains." He has since asked to funnel "all ill-gotten gains" back into the OpenAI charity. The jury will not hear any discussion about Musk's desired outcomes during the trial. Gonzalez Rogers will hear arguments about remedies if OpenAI, Altman and Brockman are found liable. — Ashley CapootTue, Apr 28 202610:49 AM EDTHere's what to expect on TuesdayOpening arguments will begin today. Attorneys for both parties will have time to present an overview of their case to the jury. The court will be in session from 8:30 a.m. PT to 1:40 p.m. PT, Gonzalez Rogers said Monday. If opening arguments conclude before then, Musk's lawyers could call their first witness to the stand to testify.It is not yet known who that witness would be, but both parties submitted their witness lists back in February. Musk's attorneys named Musk, Brockman, Microsoft CEO Satya Nadella and a number of other executives and researchers.— Ashley CapootTue, Apr 28 202610:45 AM EDTMusk and Altman spar ahead of court as trial enters its second daywatch nowCNBC's Kate Rooney reports on the latest news ahead of the second day of the trial, with Elon Musk expected to take the witness stand.Tue, Apr 28 202610:41 AM EDTOpenAI reportedly fails to meet revenue targets ahead of highly-anticipated IPOHours after the first day of trial wrapped up, the Wall Street Journal reported that OpenAI is falling short of internal revenue and user growth goals as it eyes an initial public offering later this year. The report raises concerns about the company's ability to support spending plans for its massive AI datacenter buildout, which is tied to technology giants such as Oracle and Nvidia. Shares of chip companies are lower on Tuesday following the report, dragging down the Nasdaq Composite.OpenAI recently closed a massive $122 billion funding round at a $852 billion valuation. — Samantha SubinTue, Apr 28 202610:25 AM EDTOpenAI's new arrangement with Microsoft arrived as trial beganMicrosoft CEO Satya Nadella, right, speaks as OpenAI CEO Sam Altman looks on during the OpenAI DevDay event in San Francisco on Nov. 6, 2023.Justin Sullivan | Getty ImagesAs court proceedings were getting set to begin on Monday, OpenAI announced a new wrinkle to its longtime relationship with key investor Microsoft. As part of a revamped deal, OpenAI can cap the amount of revenue it shares with Microsoft when it comes to ChatGPT — and other — subscriptions. It will also be able to serve its products across any cloud provider. The agreement is the latest sign that the two companies are going their own way. In 2024, Microsoft started calling OpenAI a competitor in its financial filings, and the two frenemies have since found themselves battling in various areas. — Ari LevyTue, Apr 28 202610:01 AM EDTWho is Judge Yvonne Gonzalez Rogers?Judge Yvonne Gonzalez Rogers, district judge of the US District Court for the Northern District of California, attends a panel discussion at the annual American Bar Association (ABA) Antitrust Spring Meeting in Washington, DC, on April 2, 2025. Drew Angerer | Afp | Getty ImagesGonzalez Rogers was appointed by former President Barack Obama to U.S. District Court for the Northern District of California in 2011. She has overseen several high-profile lawsuits involving technology companies, including the 2021 antitrust case between Epic Games and Apple. During jury selection on Monday, Gonzalez Rogers was firm and made it clear that she intends to stick to a schedule. She cracked a few jokes, seemingly in an effort to make prospective jurors feel more comfortable.Gonzalez Rogers got her undergraduate degree from Princeton University in 1987, and her law degree from the University of Texas in 1991.—Ashley CapootTue, Apr 28 20269:46 AM EDTFrom co-founders to a feud: How a decade changed thingsElon Musk and Sam Altman speak onstage in October 2015 at the Vanity Fair New Establishment Summit in San Francisco, California.Michael Kovac | Getty Images Entertainment | Getty ImagesMusk and Altman were close friends when they were among a group of techies who started OpenAI in 2015 as a nonprofit lab, "to advance digital intelligence in the way that is most likely to benefit humanity as a whole, unconstrained by a need to generate financial return." Three years later, Musk was out, after a failed effort to acquire OpenAI at his electric vehicle company Tesla. Then, in late 2022, OpenAI launched ChatGPT, and the commercialization race was on. Already backed by Microsoft, OpenAI raised tens of billions of dollars at valuations that have stretched far into the hundreds of billions. Musk, for his part, founded xAI in 2023 to try and build a competitor to OpenAI, before suing Altman and the lab he helped start the next year. Since the suit was filed, the two sides have been engaged in a bitter and public war of words, with Musk referring to his ex-friend as "Scam Altman," and Altman posting in February that he was, "Really excited to get Elon under oath in a few months, Christmas in April!"— Ari LevyTue, Apr 28 20269:10 AM EDTTrial kicked off with jury selection on MondayElon Musk waves to the crowd during the 56th annual World Economic Forum (WEF) meeting in Davos, Switzerland, January 22, 2026. Denis Balibouse | ReutersNine jurors were seated for the trial after several hours of questioning on Monday.Gonzalez Rogers and lawyers for both parties asked prospective jurors about their views on AI, Altman and Musk. Many said they were not familiar with OpenAI or its executives but expressed dislike for Musk, particularly because of his political activities. Musk spent more than $250 million to help President Donald Trump win the 2024 election. He also served a chaotic stint as the head of the Department of Government Efficiency, or DOGE, which aimed to dramatically slash government waste and spending. "The reality is people don't like him," Gonzalez Rogers said during the proceedings on Monday. She said she is confident that the jurors who were seated will respect the judicial process and the facts of the case.— Ashley Capoot