Elon Musk Adds Microsoft to Suit Against OpenAI
In a new legal filing, the Tesla chief executive accuses the A.I. start-up of undermining antitrust law.
www.nytimes.comHere’s the latest on Elon Musk, OpenAI, and related litigation as of May 2026.
Direct answer
- A California jury ruled in May 2026 that Elon Musk waited too long to sue OpenAI and its co-founders, delivering a victory for OpenAI and effectively ending that specific lawsuit on statute-of-limitations grounds.[7][9]
Context and key developments
- Earlier suits and filings: Musk revived and then expanded his litigation against OpenAI and Sam Altman (and in some filings, Microsoft and others were named), arguing various breaches of nonprofit commitments and antitrust concerns. Those cases saw filings in 2024–2025 and various procedural rulings leading up to trial.[4][5][8][10]
- The 2026 trial outcome: In the May 2026 trial, the jury found OpenAI not liable to Musk because the claims were time-barred, a critical procedural hurdle that ended the dispute for the defendant in that phase.[9][7]
What this means going forward
- The specific OpenAI/Musk lawsuit has been resolved against Musk’s late filing argument, tightening the legal risks for similar claims about nonprofit-to-profit transitions under statute limitations. However, Musk’s broader anti-OpenAI arguments have appeared in other litigation contexts and may not be fully concluded depending on other filings or jurisdictions.[3][7][9]
Helpful note on sources
- The May 2026 outcome was reported by multiple outlets, including coverage noting the jury’s finding on timeliness and the broader context of Musk’s challenges to OpenAI. If you’d like, I can pull more details from those articles or summarize the exact statutory basis the judge used and any dissents or key questions the jury faced.[7][9]
Would you like a concise timeline of all major filings and outcomes in this saga, or a brief glossary of the legal concepts (statute of limitations, nonprofit-to-profit transitions) involved?