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May 29, 2026
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The Actual Losers of the Musk v. Altman Trial


Attorneys delivered closing arguments in the Musk v. Altman trial on Thursday in a remaining try to persuade a decide and jury that their respective purchasers, Elon Musk and Sam Altman, are essentially the most well-intentioned, truth-telling stewards of OpenAI’s founding nonprofit mission. A judgement could possibly be delivered as quickly as subsequent week, ending a decade-long battle between two of the know-how trade’s most influential entrepreneurs.

However whatever the end result, there’s a extensive set of losers on this case. Based mostly on ample quantities of proof, it seems that the folks worst off are the workers, coverage makers, and members of the general public who believed within the mission of a nonprofit analysis lab—and supported OpenAI due to it. What appeared to take precedent for Musk and OpenAI’s different cofounders at virtually each flip was constructing the world’s main AI lab—even when that meant making a multibillion greenback for-profit firm within the course of.

“It is exhausting to see how the general public curiosity is being protected by both of those events, and that’s actually what’s finally at stake in a case a couple of nonprofit,” says Jill Horwitz, a Northwestern College regulation professor with experience in nonprofits and innovation, who listened to the closing arguments. “The general public curiosity within the nonprofit is in danger regardless of who wins.”

OpenAI’s said mission is to make sure synthetic common intelligence (AGI) advantages humanity, however humanity will not be a celebration on this case. In follow, OpenAI has spent the final decade trying to rival multitrillion greenback corporations like Google, and construct AGI first. Moreover, Musk and Altman have fought tooth and nail to be those who management OpenAI.

“Musk and Altman are mainly locked in a race to be the primary to construct superintelligence, and so they each rightly concern what the opposite will do in the event that they win. The remainder of us ought to concern them each,” says Daniel Kokotajlo, a former OpenAI researcher who joined in 2022 and has raised concerns over the company’s safety culture. He was a part of a bunch of former OpenAI researchers that filed an amicus brief on this case towards OpenAI’s for-profit conversion, arguing that the nonprofit construction was vital of their resolution to affix the corporate.

At trial, OpenAI’s nonprofit was mentioned as if it had been yet one more company investor. OpenAI’s legal professionals argued that giving the nonprofit a $200 billion stake within the for-profit firm is proof that OpenAI is fulfilling its mission. Public advocacy teams disagree that funding alone is enough.

“I’m among the many many people who find themselves glad to see what number of philanthropic sources the OpenAI basis has at its disposal to do good work,” says Nathan Calvin, VP of state affairs for the AI security nonprofit Encode, which filed an amicus brief opposing OpenAI’s restructuring earlier on this case. “However it’s value remembering that the nonprofit additionally has a governance position, and that the mission of the nonprofit will not be that of a typical basis, it’s particularly to make sure that AGI advantages all of humanity. Cash is essential for that objective and is beneficial all else equal, however it’s not the objective in and of itself.”

Origin Story

Proof revealed on this case suggests Altman and Musk had been in settlement about OpenAI launching as a nonprofit and working very like a typical startup. They shared the objective of beating Google DeepMind within the race to AGI. However creating OpenAI as a nonprofit turned out to be a horribly inconvenient means to successful that race.

Musk has accused Altman, OpenAI’s CEO, and Greg Brockman, its cofounder and president, of straying from the nonprofit’s founding mission. He claims the founders used his $38 million funding to show OpenAI into an $850 billion firm and make several of its cofounders billionaires.



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