Musk is seeking to force his rivals in artificial intelligence (AI) development to revert to a non-profit foundation.
Greg Brockman, cofounder and president of OpenAI, will face questioning from Musk’s lawyers on Monday in the Oakland courthouse.
OpenAI CEO and cofounder Sam Altman, who in 10 years has gone from being Musk’s protege to a bitter rival, is not expected to take the stand until the week of May 11.
The outcome of the case could shape the future of OpenAI, the fast-rising generative AI giant now valued at over $850 billion and preparing for an IPO.
Microsoft CEO Satya Nadella, whose company is accused of illegally funding OpenAI’s commercial transformation, may also testify this week.
OpenAI’s legal team asked the judge late Sunday to allow Brockman to show the jury a message allegedly sent by Musk on the eve of the trial, following a failed proposal to settle the case outside of court.
According to the request, which was seen by AFP, Musk said: “By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.”
Over three days of testimony last week, Musk portrayed himself as a selfless early supporter of OpenAI, saying he contributed $38 million between 2016 and 2020 before being sidelined.
The head of SpaceX and Tesla argued that he wanted to counterbalance Google’s dominance and ensure that transformative AI technology — which he has warned poses risks to humanity — remain free from profit-driven pressures.
“You can’t just steal a charity,” he said.
OpenAI’s current structure, while highly lucrative, still operates under a nonprofit parent entity.
Global competition
Last week, Altman and Brockman sat in the front row for almost the entire hearing and made no statements inside or outside the courtroom. The trial has drawn intense media attention, with dozens of journalists covering the hearings daily.
OpenAI’s legal team has questioned Musk’s own financial motives.
The billionaire recently folded his AI venture, xAI — maker of the chatbot Grok — into SpaceX, which is reportedly valued at about $1.25 trillion and may also pursue a public offering.
The stakes are high. If Judge Yvonne Gonzalez Rogers ultimately rules in favour of Musk, OpenAI’s IPO could be jeopardised.
That could reshape the global AI landscape, where major players like Google and Chinese tech firms are competing aggressively.
OpenAI is also facing growing competition from Anthropic and its Claude model.
While the sector is already generating tens of billions in annual revenue, those figures still fall short of the massive investments required for talent, advanced processors and the construction of energy-intensive data centres powering the AI revolution.
